Succession Act

1. Except as provided by this Act, or by any other law for the time being in force, the provisions in this Act shall constitute the law of Uganda applicable to all cases of intestate or testamentary succession

1. "child", "children", "issue" and "lineal descendant" include adopted children;
2. "codicil" means an instrument explaining, altering or adding to a will and which is considered as being part of the will;
3. "court" means the High Court or a magistrate's court other than a magistrate's court presided over by a magistrate grade II;
4. "currency point" has the value assigned to it in Schedule 1 to this Act;
5. "customary heir or heiress" means a person recognised under the rites and customs of a particular tribe or community of a deceased person as being the customary successor of that person;
6. "daughter" includes a daughter adopted in a manner recognised under the laws of Uganda;
7. "dependent relative" includes parent, brother, sister, niece, nephew, grandparent or grandchild of the deceased, who on the date of death of the deceased, was wholly dependent on the deceased for the provision of the ordinary necessities of life suitable to a person of his or her station;
8. "disability" has the meaning assigned to it under the Persons with Disabilities Act;

13 further items remain in the statutory text above.

1. (1) Succession to the immovable property in Uganda of a person deceased is regulated by the law of Uganda, wherever that person may have had his or her domicile at the time of his or her death.
2. (2) Succession to the movable property of a person deceased is regulated by the law of the country in which that person had his or her domicile at the time of his or her death.
3. (3) For the purposes of subsection (2), a person dying intestate shall be deemed to have had his or her domicile in Uganda if-
4. (a) for a period of not less than two years preceding his or her death that person was ordinarily resident in Uganda; and
5. (b) he or she was survived by a spouse or child who was, at the time of his or her death, ordinarily resident in Uganda.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

This section states a single governing proposition and does not enumerate separate elements.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

This section states a single governing proposition and does not enumerate separate elements.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

This section states a single governing proposition and does not enumerate separate elements.

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

1. A person may acquire a domicile in Uganda by making and depositing in some office in Uganda to be appointed by the Attorney General a declaration in writing under his or her hand of his or her desire to acquire such domicile, provided that he or she has been resident in Uganda for one year immediately preceding the time he or she makes the declaration

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

This section states a single governing proposition and does not enumerate separate elements.

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

This section states a single governing proposition and does not enumerate separate elements.

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

1. (1) The domicile of a child follows the domicile of the parent of the child or the guardian of the child from whom the child derives his or her domicile of origin.
2. (2) Where the parents of a child have different domicile, the domicile of the child shall follow the domicile of the parent who has custody of the child.

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

1. (1) A person may upon marriage, acquire the domicile of his or her spouse.
2. (2) A spouse may upon dissolution of a marriage or upon judicial separation or any other separation recognised under the laws of Uganda, acquire any other domicile.

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

This section states a single governing proposition and does not enumerate separate elements.

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

This section states a single governing proposition and does not enumerate separate elements.

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

1. Where a deceased leaves movable property in Uganda, succession to the property shall, in the absence of proof of any domicile elsewhere, be regulated by the laws of Uganda

This section states a single governing proposition and does not enumerate separate elements.

1. (1) Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other.
2. (2) For avoidance of doubt, every generation constitutes a degree, either ascending or descending.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Collateral consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the other.
2. (2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is proper to reckon upwards from the person deceased, to the common stock, and then downwards to the collateral relative, allowing a degree for each person, both ascending and descending.

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

1. (b) those who are born during the deceased's lifetime and those who are conceived in the womb at the date of death and subsequently born alive; or
2. (c) the male or female relatives of the deceased person.

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

1. (1) In the table of kindred in Schedule 2 to this Act, the degrees are computed as far as the sixth, and are marked by numeral figures.
2. (2) The person whose relatives are to be reckoned and his or her cousin-german or first cousin are, as shown in the table, related in the fourth degree, there being one degree of ascent to the father or mother, and another to the common ancestor, the grandfather or grandmother, and from him or her one of descent to the uncle or aunt, and another to the cousin-german, making in all four degrees.
3. (3) A grandson or granddaughter of the brother or sister and a son or daughter of the uncle or aunt, that is, a great-nephew or great-niece and cousin-german, are in equal degree, being each four degrees removed.
4. (4) A grandson or granddaughter of a cousin-german is in the same degree as the grandson or granddaughter of a great-uncle or great-aunt, for they are both in the sixth degree of kindred.

This section states a single governing proposition and does not enumerate separate elements.

This section states a single governing proposition and does not enumerate separate elements.

1. (1) The residential holding normally occupied by a person dying intestate prior to his or her death as his or her principal residence or owned by him or her as a principal residential holding, including the house chattels in the principal residential holding, shall be held by his or her personal representative upon trust for his or her spouse and lineal descendants subject to the rights of occupation and terms and conditions set out in Schedule 3 to this Act.
2. (2) Any other residential holding possessed by the intestate at his or her death shall be held by his or her personal representative upon trust and, subject to the rights of occupation and terms and conditions set out in Schedule 3 to this Act, shall be dealt with in accordance with the remaining provisions of this Part.
3. (3) Upon the death of a surviving spouse, the principal residential holding and any other residential holding shall devolve to the lineal descendants equally, who shall occupy it subject to terms and conditions set out in Schedule 3 to this Act.
4. (4) A person who evicts or attempts to evict a surviving spouse or a lineal descendant who is entitled to occupy the principal residential holding or any other residential holding commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty eight currency points or to imprisonment for a term not exceeding seven years, or both.
5. (5) Where the principal residential holding or any other residential holding devolves to the lineal descendants under subsection (3), the lineal descendants shall be deemed to be entitled to the residential holding or any other residential holding as tenants in common.
6. (6) Any dispute arising as to the exact area of any portion of land subject to this section or as to what person has the right to occupy the land or any part of it shall be settled by the personal representative.
7. (7) Any person who is aggrieved by any decision of the personal representative under subsection (3) may appeal from the decision to a court of competent jurisdiction.

1. (1) Subject to sections 25 and 26 the estate of an intestate, except for his or her principal residential holding or other residential holding, shall be divided among the following classes in the following manner-
2. (a) where the intestate is survived by a spouse, a lineal descendant, a dependent relative and a customary heir or heiress-
3. (i) the spouse shall receive twenty percent;
4. (ii) the dependent relatives shall receive four percent;
5. (iii) the lineal descendants shall receive seventy-five percent; and
6. (iv) the customary heir or heiress shall receive one percent, of the whole of the property of the intestate;
7. (b) where the intestate leaves no surviving spouse or dependent relative specified in paragraph (a)(i) or (ii) capable of taking a proportion of his or her property-
8. (i) the lineal descendants shall receive ninety-nine percent; and

19 further items remain in the statutory text above.

1. (1) All lineal descendants, spouses and dependent relatives of an intestate shall share their proportion of a deceased intestate's property referred to in section 23(1), in equal share.
2. (2) Where a lineal descendant entitled to benefit under the estate of a deceased intestate predeceased the intestate person, the portion of the estate that would have accrued to the deceased lineal descendant shall be granted to the lineal descendant of the deceased lineal descendant, if any.
3. (3) A person aggrieved by the distribution of property under this section may challenge the decision of the administrator or administratrix in a court of competent jurisdiction.

1. A spouse or lineal descendant of an intestate occupying a principal residential property or any other residential property under section 22 shall not be required to bring that occupation into account in assessing any share in the property of an intestate to which the spouse, lineal descendant or child may be entitled under section

1. (1) A surviving spouse of an intestate shall not take any interest in the estate of the intestate if, at the death of the intestate the surviving spouse was separated from the intestate as a member of the same household.
2. (2) Subsection (1) shall not apply where-
3. (a) the surviving spouse has been absent on an approved course of study in an educational institution;
4. (b) the intestate was, at the time of his or her death, the one who had separated from the surviving spouse as a member of the same household; or
5. (c) the intestate is the one who caused the separation.
6. (3) Notwithstanding subsection (1), a court may for good cause, on application made within six months after the death of the intestate, by or on behalf of a surviving spouse, declare that subsection (1) shall not apply to the surviving spouse.
7. (4) The declaration made under subsection (3) shall authorise the surviving spouse to take no more than-
8. (a) a proportion of the property of the intestate that he or she is entitled to under section 23; or

2 further items remain in the statutory text above.

1. (1) If, under sections 22, 23, 24, 25 and 26, there is no person existing or reasonably ascertainable entitled to take any part of the property of an intestate, that part or the whole, as the case may be, shall belong to the State.
2. (2) If, at any time after such property or part of the property has been made over to the State, a person entitled to take it as his or her share pursuant to section 23 is ascertained, the Attorney General may return that property or the proceeds of the property to that person in such manner as the Attorney General may think fit.

1. Where a share in the property of an intestate is due to a child or any lineal descendant of a child of the intestate, no money or other property which the intestate may, during his or her life, have paid, given or settled to, or for the advancement of, the child to whom or to whose descendant the share is due shall be taken into account in estimating the share.

1. (1) Every person of sound mind and not a minor may by will dispose of his or her property.
2. (2) A spouse may during the subsistence of a marriage hold property in his or her name and may by will, dispose of such property.
3. (3) A person who has a hearing impairment, physical impairment, speech impairment or visual impairment is capable of making a will if he or she is able to do so.
4. (4) A person who ordinarily has a mental illness may make a will during an interval in which he or she does not have the mental illness.
5. (5) No person can make a will while he or she is in such a state of mind, whether arising from drunkenness or from illness or from any other cause, that the person does not know what he or she is doing.

1. (1) A testator or testatrix shall make reasonable provision for the maintenance of his or her spouse, child, lineal descendant who is suffering a mental or physical disability and a dependent relative.
2. (2) Where a testator or testatrix is married or has children, the residential hplding normally occupied by that person as a principal residence or owned by him or her as a principal residential holding and any other residential holding possessed by that person, including the chattels in the residential holding, shall not form part of the property to be disposed of in the will and shall be held by his or her personal representative upon trust for his or her spouses and lineal descendants subject to the rights of occupation and terms and conditions set out in Schedule 3 to this Act.
3. (3) Subsection (2) shall not apply where the testator or testatrix has made reasonable provision for the accommodation of the surviving spouse, lineal descendants or dependent relatives who are entitled to occupy his or her residential holding.
4. (4) A person who evicts or attempts to evict a surviving spouse, lineal descendant or dependent relative who is entitled to occupy the principal residential holding or any other residential holding commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty eight currency points or to imprisonment for a term not exceeding seven years, or both.
5. (5) Where the principal residential holding or any other residential holding devolves to the lineal descendants under this section, the lineal descendants shall be deemed to be entitled to the principal residential holding or any other residential holding as tenants in common.
6. (6) Section 31 shall apply where a testator or testatrix, by his or her will, disposes of all his or her property without making reasonable provision for the maintenance of his or her spouse, lineal descendant or dependent relative.

1. (1) Where a person dies domiciled in Uganda and by his or her will, disposes of all his or her property without making reasonable provision for the maintenance of his or her spouse, lineal descendant or dependent relative, court may on application, order that such reasonable provision be made out of the estate of the deceased person for the maintenance of the spouse, lineal descendant or dependent relative.
2. (2) The provision for maintenance to be made by an order under subsection (1) shall-
3. (a) where the estate of the deceased person produces an income by way of periodical payments, provide for their termination not later than-
4. (i) in case of a spouse, until he or she remarries;
5. (ii) in case of a child, until the child completes his or her education or attains the age of twenty five years, whichever first occurs;
6. (iii) in the case of a lineal descendant who is, by reason of mental or physical disability, incapable of maintaining himself or herself, upon the cessation of the disability or marriage of that lineal descendant whichever first occurs; or
7. (iv) in the case of any other dependent relative, as the court may determine; and
8. (b) where the estate of the deceased person does not produce any income, authorise the spouse, lineal descendant or dependent relatives to receive such share as he or she would be entitled to in the distribution of the estate of an intestate under section 23.

11 further items remain in the statutory text above.

1. (1) Except as provided by section 35, an application under section 31 shall not, without the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out; except that where letters of administration are revoked and probate is granted, time begins to run from the date of the grant of probate.
2. (2) Sections 31 and 35 shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the period of six months on the ground that they ought to have taken into account the possibility that the court might permit an application under this Act after the end of that period, but this subsection shall be without prejudice to any power to recover any part of the estate so distributed arising by virtue of the making of an order under this Act.

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

1. (1) Where an order is made under section 31, then, for all purposes, the will shall have effect, and shall be deemed to have had effect, as from the deceased's death, subject to such variations as may be specified in the order for the purpose of giving effect to the provision for maintenance made in the order.
2. (2) Any order under section 31 providing for maintenance by way of periodical payments may provide for payments of a specified amount, or for payments equal to the whole or part of the income of the net estate or of the income of any part to be set aside or appropriated under this Act of the net estate, or may provide for the amount of the payments or any of them to be determined in any other way the court thinks fit.
3. (3) The court may give such consequential directions as it thinks fit for the purpose of giving effect to an order made under this Act, but no larger part of the net estate shall be set aside or appropriated to answer by its income the provision for maintenance made by the order than such a part as, at the date of the order, is sufficient to produce by its income the amount of the provision.

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

1. (1) On an application made at a date after the expiration of the period pecified in section 32(1), the court may make an order as provided in this subsection, but only as respects property the income of which is at the date applicable for the maintenance of a dependent of the deceased, that is to say-
2. (a) an order for varying the previous order on the ground that any material fact was not disclosed to the court when the order was made, or that any substantial change has taken place in the circumstances of the dependent or of a person beneficially interested in the property under the will; or
3. (b) an order for making provision for the maintenance of another dependent of the deceased.
4. (2) An application to the court for an order under subsection (1)(a) may be made by or on behalf of a dependent of the deceased or by the trustees of the property or by or on behalf of a person beneficially interested in the property under the will.

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

1. (1) Where, on application for maintenance under this Act, it appears to the court-
2. (a) that the applicant is in immediate need of financial assistance, but it is not yet possible to determine what order, if any, should be made on the application for the provision of maintenance for the applicant; and
3. (b) that property forming part of the estate of the deceased is or can be made available to meet the need of the applicant, the court may order that, subject to such conditions or restrictions, if any, as the court may impose and to any further order of the court, there shall be paid to or for the benefit of the applicant out of the deceased's estate such sum or sums and (if more than one) at such intervals as the court thinks reasonable.
4. (2) In determining what order should be made under this section, the court shall, so far as the urgency of the case admits, take account of the same considerations as would be relevant in determining what order should be made on the application for the provision of maintenance for the applicant; and any subsequent order for the provision of maintenance may provide that sums paid to or for the benefit of the applicant by virtue of this section shall be treated to such extent, if any, and in such manner as may be provided by that order as having been paid on account of the maintenance provided for by that order.
5. (3) Subject to subsection (2), section 33 shall apply in relation to an order under this section as it applies in relation to an order providing for maintenance.
6. (4) Where the deceased's personal representative pays any sum directed by an order under this section to be paid out of the deceased's net estate, he or she shall not be under any liability by reason of that estate not being sufficient to make the payment, unless, at the time of making the payment, he or she has reasonable cause to believe that the estate is not sufficient.

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

This section states a single governing proposition and does not enumerate separate elements.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

This section states a single governing proposition and does not enumerate separate elements.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. A testator or testatrix may, at his or her discretion, adopt for use the form of the will set out in Schedule 4 to this Act

1. (1) A parent may by will appoint a guardian for his or her child during minority.
2. (2) A parent shall not by will, deprive another parent of parental ights, except where the parental rights where removed by court.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Upon the death of either the father or the mother or both parents of a minor, where no guardian has been appointed by the will of the father or mother of the minor or if the guardian appointed by the will of either the mother or father is dead or refuses to act the following persons shall, in the following order of priority, be the guardian or guardians of the minor of the deceased person-
2. (a) the father or mother of the deceased parent of the minor;
3. (b) the brothers and sisters of the deceased parent of the minor; and
4. (c) the brothers and sisters of the father or mother of the deceased parent of the minor.
5. (2) Where there is no person willing or entitled to be a guardian under subsection (1), the court may, on the application of any person interested in the welfare of the minor, appoint a guardian.
6. (3) For avoidance of doubt, a person shall not be eligible for appointment as a guardian under this section unless that person is a citizen of Uganda.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) The family members of a minor may appoint a customary guardian for the minor in accordance with the customs, culture and tradition of the family, where-
2. (a) both parents of the minor are dead or cannot be found;
3. (b) the surviving parent of the minor is incapable of being a guardian or is not eligible to be appointed as a guardian; or
4. (c) the minor has no guardian or other person having parental responsibility over him or her.
5. (2) For the purpose of this section, "customary guardian" shall be a Ugandan citizen, resident in Uganda and shall have parental responsibility of the minor in accordance with the customs, culture or tradition of the family of the minor.

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

1. (1) A guardian shall act jointly with the surviving parent of the minor unless the court directs otherwise.
2. (2) A guardian of a minor may, by will, appoint another person as the guardian of the minor upon his or her death.
3. (3) A person is eligible for appointment as a guardian under subsection (2) if he or she is above eighteen years of age and is a citizen of Uganda.
4. (4) A person appointed under subsection (2) shall, before taking up the guardianship of the minor, apply to court and the court may confirm or reject the guardianship.
5. (5) Where more than one guardian is appointed or each parent appoints different guardians, the guardians appointed shall act jointly, after the death of the last surviving parent.
6. (6) Where the surviving parent objects to joint guardianship, or where the appointed guardian considers that the surviving parent is not fit to act as a guardian of the minor, the guardian or the parent of the minor may apply to court and court may-
7. (a) reject the application and direct both the parent and guardian to continue acting jointly; or
8. (b) order that the parent or guardian is not fit to act as a guardian and appoint a relative of the minor or a person who is willing to act as a guardian of the minor to act jointly with the parent or guardian or both of them.

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

1. (1) A person may apply to the High Court to remove a guardian appointed under this Act.
2. (2) The court may only remove a guardian where court is satisfied that-
3. (a) the guardian has failed, refused or neglected to act as guardian;
4. (b) the guardian has neglected his or her responsibilities as a guardian;
5. (c) the guardian has not complied with the conditions of the guardianship order;
6. (d) the guardianship order was obtained by fraud or misrepresentation; or
7. (e) it is in the best interest of the minor to remove the guardian.
8. (3) The court shall, upon issuing an order for the removal of a guardian, appoint another person to act as a guardian of the minor.

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

1. (1) A guardian appointed under this Act shall be the personal representative of the minor for purposes of managing the share of the minor in the estate of a deceased person.
2. (2) A guardian shall apply to court to exercise any of the following powers and duties-
3. (a) to have custody of the minor; or
4. (b) to dispose of the property of the minor.
5. (3) A guardian shall take all reasonable steps to safeguard the property of the minor from loss or damage and shall annually account, in respect of the property of the minor, to the surviving parent, court or custodian of the minor or to any other person as the court may direct.
6. (4) A guardian who misappropriates the property of a minor commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding five years.
7. (5) A guardian who misappropriates the property of a minor shall, in addition to the punishment in subsection (4), make good the loss occasioned to the minor.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) The guardianship of a minor shall automatically terminate upon the occurrence of any of the following circumstances, whichever first occurs-
2. (a) the death of the minor;
3. (b) the death of the guardian; or
4. (c) upon the minor attaining eighteen years of age.
5. (2) Where the guardianship of a minor terminates, all the property which the guardian managed on behalf of the minor shall-
6. (a) in case of termination under subsection (1)(a), vest in the surviving parent of the minor, if any or in the administrator or administratrix of the estate of the deceased minor;
7. (b) in case of termination under subsection (1)(b), vest in the surviving parent of the minor, if any, or the minor until a new guardian is appointed for the minor; or
8. (c) in the case of termination under subsection (1)(c), vest in the minor.

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

1. (1) Part VIII of the Children Act shall apply to the grant, revocation and exercise of the powers of a guardian appointed under this Act.
2. (2) Where a provision of this Act conflicts with a provision in the Children Act in regard to the appointment, revocation or exercise of powers of a guardian under this Act, the provisions of the Children Act shall apply.

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

1. (1) Except as provided by this Act or other law for the time being in force, every testator or testatrix not being a member of the Defence Forces employed in an expedition or engaged in actual warfare, or a mariner at sea, must execute his or her will according to the following provisions-
2. (a) the testator or testatrix shall sign or affix his or her mark to the will, or it shall be signed by some other person in his or her presence and by his or her direction;
3. (b) the signature or mark of the testator or testatrix or the signature of the person signing for him or her shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will;
4. (c) the will shall be attested by two or more witnesses, each of whom must have seen the testator or testatrix sign or affix his or her mark to the will, or have seen some other person sign the will in the presence and by the direction of the testator or testatrix, or have received from the testator or testatrix a personal acknowledgment of his or her signature or mark, or of the signature of that other person; and each of the witnesses must in the presence of the testator or testatrix, sign and write his or her name and address on every page of the will except that it shall not be necessary that more than one witness be present at the same time.
5. (2) Where a person attesting a will does not write his or her name or address on a page of a will as required in subsection (1)(c), the will shall be valid except that the page of the will which does not bear the name or address of the witness shall, unless otherwise directed by court, be void.

1. If a testator or testatrix, in a will or codicil duly attested, refers to any other document then actually written, as expressing any part of his or her intentions, that document shall be considered as forming a part of the will or codicil in which it is referred to

1. Any member of the Defence Forces being employed in an expedition or engaged in actual warfare, or any mariner being at sea, may, if he or she has completed the age of eighteen years, dispose of his or her property by a will made as is provided in section 53, hereafter referred to as a "privileged will"

1. (1) Privileged wills may be in writing or may be made by word of mouth.
2. (2) The execution of a privileged will shall be governed by the following provisions-
3. (a) the will may be written wholly by the testator or testatrix with his or her own hand, and in that case it need not be signed nor attested;
4. (b) the will may be written wholly or in part by another person, and signed by the testator or testatrix, and in that case it need not be attested;
5. (c) if the instrument purporting to be a will is written wholly or in part by another person, and is not signed by the testator or testatrix, it shall be considered to be his or her will if it is shown that it was written by the directions of the testator or testatrix, or that he or she recognised it as his or her will; but if it appears on the face of the instrument that the execution of it in the manner intended by the testator or testatrix was not completed, the instrument shall not, by reason of that circumstance, be invalid, if his or her nonexecution of it can be reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument;
6. (d) if the testator or testatrix has written instructions for the preparation of his or her will, but has died before it could be prepared and executed, such instructions shall be considered to constitute his or her will;
7. (e) if the testator or testatrix has, in the presence of two witnesses, given verbal instructions for the preparation of his or her will, and they have been reduced into writing in his or her lifetime, but he or she has died before the instrument could be prepared and executed, such instructions shall be considered to constitute his or her will, although they may not have been reduced into writing in his or her presence, nor read over to him or her;
8. (f) a testator or testatrix may make a will by word of mouth by declaring his or her intentions before two witnesses present at the same time;

1 further item remain in the statutory text above.

1. (1) A will shall not be considered as insufficiently attested by reason of any benefit given by the will, either by way of bequest or by way of appointment, to any person attesting it, or to his or her spouse, but the bequest or appointment shall be void so far as concerns the person so attesting, or the spouse of that person, or any person claiming under either of them.
2. (2) A legatee under a will shall not lose his or her legacy by attesting a codicil which confirms the will.

1. (1) A person shall not by reason of interest in, or by his or her being an executor or executrix of a will be disqualified as a witness to prove the execution of a will or to prove the validity or invalidity of a will.
2. (2) Except in the case of an advocate, a person referred to in subsection (1) shall not participate in writing or preparing the will.

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

1. (1) Every will shall be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of the appointment, pass to his or her executor or executrix or administrator or administratrix or to the person entitled in case of intestacy.
2. (2) Where a person is invested with power to determine the disposition of property of which he or she is not the owner, he or she is said to have power to appoint that property.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. No unprivileged will or codicil, or any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil or by some writing declaring an intention to revoke the unprivileged will or codicil, and executed in the manner in which an unprivileged will is in this Act required to be executed, or by the burning, tearing or otherwise destroying of the will or codicil by the testator or testatrix, or by some person in his or her presence and by his or her direction, with the intention of revoking it

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. No obliteration, interlineation or other alteration made in any unprivileged will after the execution of the will shall have any effect, except so far as the words or meaning of the will have been thereby rendered illegible or undiscemible, unless the alteration is executed in like manner as is in this Act required for the execution of the will; except that the will, as so altered, shall be deemed to be duly executed if the signature of the testator or testatrix and the subscription of the witnesses are made in the margin or on some other part of the will opposite or near to the alteration or at the foot or end of, or opposite to, a memorandum referring to the alteration, and written at the end or some other part of the will

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) A privileged will or codicil may be revoked by the testator or testatrix, by an unprivileged will or codicil, or by any act expressing an intention to revoke it, and accompanied with such formalities as would be sufficient to give validity to a privileged will, or by the burning, tearing or otherwise destroying of the privileged will or codicil by the testator or testatrix, or by some person in his or her presence, and by his or her direction, with the intention of revoking it.
2. (2) In order to effect the revocation of a privileged will or codicil by an act accompanied with such formalities as would be sufficient to give validity to a privileged will, it is not necessary that the testator or testatrix should, at the time of doing that act, be in a situation which entitles him or her to make a privileged will.

1. (1) No unprivileged will or codicil, or any part thereof, which has been in any manner revoked, shall be revived otherwise than by the re-execution of the unprivileged will or codicil, or by a codicil executed in the manner hereinbefore required, and showing an intention to revive it.
2. (2) When any will or codicil which has been partly revoked, and afterwards wholly revoked, is revived, the revival shall not extend to so much of it as was revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown by the will or codicil.

1. It is not necessary that any technical words or terms of art shall be used in a will, but only that the wording shall be such that the intentions of the testator or testatrix can be known from the wording

1. For the purpose of determining questions as to what person or what property is denoted by any words used in a will, a court shall inquire into every material fact relating to the persons who claim to be interested under the will, the property which is claimed as the subject of disposition, the circumstances of the testator or testatrix and of his or her family, and into every fact a knowledge of which may conduce to the right application of the words which the testator or testatrix has used

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

1. (1) Where the words used in the will to designate or describe a legatee, or a class of legatees, sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect.
2. (2) A mistake in the name of a legatee may be corrected by a description of him or her, and a mistake in the description of a legatee may be corrected by the name.

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

1. Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context

1. If the thing which the testator or testatrix intended to bequeath can be sufficiently identified from the description of it given in the will, but some parts of the description do not apply, such parts of the description shall be rejected as erroneous and the bequest shall take effect

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) If the will mentions several circumstances as descriptive of the thing which the testator or testatrix intends to bequeath, and there is any property of his or hers in respect of which all those circumstances exist, the bequest shall be considered as limited to that property, and it shall not be lawful to reject any part of the description as erroneous, because the testator or testatrix had other property to which such part of the description does not apply.
2. (2) In judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 62 are to be considered as struck out of the will.

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

1. Where the words of the will are unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can have been intended by the testator or testatrix, extrinsic evidence may be taken to show which of these applications was intended

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Where there is an ambiguity or deficiency on the face of the will, no extrinsic evidence as to the intentions of the testator or testatrix shall be admitted

This section states a single governing proposition and does not enumerate separate elements.

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

1. General words may be understood in a restricted sense where it may be collected from the will that the testator or testatrix meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator or testatrix meant to use them in the wider sense

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Where a clause is susceptible of two meanings, according to one of which it has some effect, and according to the other it can have none, the former is to be preferred

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

1. No part of a will is to be rejected as destitute of meaning if it is possible to put a reasonable construction upon it

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

1. If the same words occur in different parts of the same will, they must be taken to have been used everywhere in the same sense, unless there appears an intention to the contrary

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

This section states a single governing proposition and does not enumerate separate elements.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Where two clauses or gifts in a will are irreconcilable, so that they cannot possibly stand together, the last shall prevail

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

This section states a single governing proposition and does not enumerate separate elements.

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

1. The description contained in a will of property the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator or testatrix

1. Unless a contrary intention appears by the will, a bequest of the estate of the testator or testatrix shall be construed to include any property which he or she may have power to appoint by will to any object he or she may think proper, and shall operate as an execution of that power; and a bequest of property described in a general manner shall be construed to include any property to which the description may extend, which he or she may have power to appoint by will to any object he or she may think proper, and shall operate as an execution of that power

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

1. Where property is bequeathed to or for the benefit of such of certain objects as a specified person shall appoint, or for the benefit of certain objects in such proportions as a specified person shall appoint, and the will does not provide for the event of no appointment being made if the power given by the will is not exercised the property belongs to all the objects of the power in equal shares

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Where a bequest is made to the "heirs" or "right heirs" or "relations" or "nearest relations" or "family" or "kindred" or "nearest of kin" or "next of kin" of a particular person, without any qualifying terms and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person, and he or she had died intestate in respect of it, leaving assets for the payment of his or her debts independently of that property

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

1. Where a bequest is made to the "representatives" or "legal representatives" or "personal representatives" or "executors or executrixes or administrators or administratrices" of a particular person and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person, and he or she had died intestate in respect of it.

1. Where property is bequeathed to any person, he or she is entitled to the whole interest of the testator or testatrix in the property, unless it appears from the will that only a restricted interest was intended for him or her

1. Where property is bequeathed to a person, with a bequest in the alternative to another person or to a class of persons, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy, if he or she is alive at the time when it takes effect; but, if he or she is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy

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

1. Where property is bequeathed to a person, and words are added which describe a class of persons, but do not denote them as direct objects of a distinct and independent gift, such a person is entitled to the whole interest of the testator or testatrix in the property, unless a contrary intention appears by the will

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

1. Where a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) In a will- "child" applies only to a son or daughter of a deceased person; "grandchild" applies only to the child of the lineal descendant;
2. (2) Words in a will expressive of a relationship shall be taken to include-
3. (a) a person who is related to the deceased by full blood or half-blood;
4. (b) a person born during the lifetime of the deceased person and one who is already conceived in the womb on the date of death of the deceased person and subsequently born alive; and
5. (c) male and female relatives of the deceased person.

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

1. (1) Where a will purports to make two bequests to the same person, and a question arises whether the testator or testatrix intended to make the second bequest instead of, or in addition to, the first, if there is nothing in the will to show what he or she intended, the following provisions shall prevail in determining the construction to be put upon the will-
2. (a) if the same specific thing is bequeathed twice to the same legatee in the same will, or in the will and again in a codicil, he or she is entitled to receive that specific thing only;
3. (b) where one and the same will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he or she shall be entitled to one such legacy only;
4. (c) where two legacies of unequal amount are given to the same person in the same will or in the same codicil, the legatee is entitled to both such legacies;
5. (d) where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will, and the other by a codicil, or each by a different codicil, the legatee is entitled to both such legacies.
6. (2) In subsection (1)(a), (b), (c) and (d), "will" does not include a codicil.

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

1. A residuary legatee may be constituted by any words that show an intention on the part of the testator or testatrix that the person designated shall take the surplus or residue of his or her property

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

This section states a single governing proposition and does not enumerate separate elements.

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

1. If a legacy is given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of the testator or testatrix, and if he or she dies without having received it, it shall pass to his or her representatives

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) If the legatee does not survive the testator or testatrix, the legacy cannot take effect, but shall lapse and form part of the residue of the property of the testator or testatrix, unless it appears by the will that the testator or testatrix intended that it should go to some other person.
2. (2) In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he or she survived the testator or testatrix.