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Probates (Resealing) Act

Ordinance 4 of 1936 Current version · as at 31 December 2023

An Act relating to resealing of probates granted by courts of any country other than Uganda.

Enacted1936
Commenced30 May 1936
Last amended—
Point-in-time consolidation · as at 31 December 2023. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act relating to resealing of probates granted by courts of any country other than Uganda.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 6 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Probates (Resealing) Act

Commenced on 30 May 1936

[This is the version of this document at 31 December 2023.]

An Act relating to resealing of probates granted by courts of any country other than Uganda.

Interpretation

In this Act, unless the context otherwise requires

"court of probate" means any court or authority, by whatever name designated, having jurisdiction in matters of probate;

"probate" or "letters of administration" includes any instrument having in any country other than Uganda the same effect given to probate or letters of administration under the Succession Act, the Administration of Estates (Small Estates) (Special Provisions) Act and the Estate of Missing Persons (Management) Act;

"probate duty" includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, unless the context otherwise requires "court of probate" means any court or authority, by whatever name designated, having jurisdiction in matters of probate;”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. "probate" or "letters of administration" includes any instrument having in any country other than Uganda the same effect given to probate or letters of administration under the Succession Act, the Administration of Estates (Small Estates) (Special Provisions) Act and the Estate of Missing Persons (Management) Act;
  2. "probate duty" includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Administration of Estates (Small Estates) (Special Provisions) Act Succession Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Sealing of probates and letters of administration granted outside Uganda

Where a court of any country other than Uganda, grants probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy deposited with, the High Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in Uganda as if granted by that court

Section analysis 2 source-matched judicial passages Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Sealing of probates and letters of administration granted outside Uganda”.

“Where a court of any country other than Uganda, grants probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy deposited with, the High Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in Uganda as if granted by that court”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where a court of any country other than Uganda, grants probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy deposited with, the High Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in Uganda as if granted by that court
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3
High Court — persuasive authority ✓ Source matched
Section 2 of the Probates (Resealing) Act Cap 266 provides that- "Where a court of any country other than Uganda, grants probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy deposited with, the High Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in Uganda as if granted by that court. 31.
Rodgers Matifari Obata v Wakesa Patrick (Miscellaneous Application No. 30 of 2024) [2025] UGHC 1432 (31 December 2025)
[2025] UGHC 1432 · High Court · 2025-12-31

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Conditions to be fulfilled before sealing

(1)

Probate or letters of administration granted by a court of a country other than Uganda shall only be resealed in a court in Uganda where the relevant law under which the letters of administration or probate was granted is not contrary to the Succession Act, the Administration of Estates (Small Estates) (Special Provisions) Act or the Estate of Missing Persons (Management) Act.

(2)

Probate or letters of administration granted by a court of a county other than Uganda shall only be resealed in Uganda where the relevant laws of that country allow the enforcement, within that country, of letters of administration or probate obtained in courts of law in Uganda.

(3)

Subsection (2) shall not apply to a Partner State of the East African Community.

(4)

The court shall, before sealing a probate or letters of administration under this Act, be satisfied-

(a)

that probate duty has been paid in respect of so much, if any, of the estate as is liable to probate duty in Uganda; and

(b)

in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in Uganda to which the letters of administration relate, and may require such evidence as it thinks fit as to the domicile of the deceased person.

(5)

In this section, "Partner State" means a Partner State of the East African Community and any other country granted membership to the Community under Article 3 of the Treaty Establishing the East African Community.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Conditions to be fulfilled before sealing”.

“(1) Probate or letters of administration granted by a court of a country other than Uganda shall only be resealed in a court in Uganda where the relevant law under which the letters of administration or probate was granted is not contrary to the Succession Act, the Administration of Estates (Small Estates) (Special Provisions) Act or the Estate of Missing Persons (Management) Act.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Conditions to be fulfilled before sealing”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) Probate or letters of administration granted by a court of a country other than Uganda shall only be resealed in a court in Uganda where the relevant law under which the letters of administration or probate was granted is not contrary to the Succession Act, the Administration of Estates (Small Estates) (Special Provisions) Act or the Estate of Missing Persons (Management) Act.
  2. (2) Probate or letters of administration granted by a court of a county other than Uganda shall only be resealed in Uganda where the relevant laws of that country allow the enforcement, within that country, of letters of administration or probate obtained in courts of law in Uganda.
  3. (3) Subsection (2) shall not apply to a Partner State of the East African Community.
  4. (4) The court shall, before sealing a probate or letters of administration under this Act, be satisfied-
  5. (a) that probate duty has been paid in respect of so much, if any, of the estate as is liable to probate duty in Uganda; and
  6. (b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in Uganda to which the letters of administration relate, and may require such evidence as it thinks fit as to the domicile of the deceased person.
  7. (5) In this section, "Partner State" means a Partner State of the East African Community and any other country granted membership to the Community under Article 3 of the Treaty Establishing the East African Community.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Administration of Estates (Small Estates) (Special Provisions) Act Succession Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Security for payment of debts

The court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in Uganda

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Security for payment of debts”.

“The court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in Uganda”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in Uganda
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Duplicate or copy admissible

For the purposes of this Act, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Duplicate or copy admissible”.

“For the purposes of this Act, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. For the purposes of this Act, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Rules of court

(1)

The Chief Justice may, with the approval of the Minister, make rules of court for regulating the procedure and practice, including fees and costs, in the High Court, on and incidental to an application for sealing a probate or letters of administration under this Act.

(2)

Subject to any exceptions or modifications made by such rules, and until such rules are made, the fees and probate duty prescribed by rules of court shall apply and be payable as if the person who applies for sealing under this Act were a person applying for probate or letters of administration.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Rules of court”.

“(1) The Chief Justice may, with the approval of the Minister, make rules of court for regulating the procedure and practice, including fees and costs, in the High Court, on and incidental to an application for sealing a probate or letters of administration under this Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Chief Justice may, with the approval of the Minister, make rules of court for regulating the procedure and practice, including fees and costs, in the High Court, on and incidental to an application for sealing a probate or letters of administration under this Act.
  2. (2) Subject to any exceptions or modifications made by such rules, and until such rules are made, the fees and probate duty prescribed by rules of court shall apply and be payable as if the person who applies for sealing under this Act were a person applying for probate or letters of administration.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 December 2023) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.