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Trust Corporations (Probate and Administration) Act

Ordinance 8 of 1959 Current version · as at 31 December 2000

An Act to provide for the grant of probate and letters of administration to trust corporations and for matters incidental thereto and connected therewith.

Enacted1959
Commenced26 March 1959
Last amended—
Point-in-time consolidation · as at 31 December 2000. 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 to provide for the grant of probate and letters of administration to trust corporations and for matters incidental thereto and connected therewith.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 5 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

Trust Corporations (Probate and Administration) Act

Commenced on 26 March 1959

[This is the version of this document at 31 December 2000.]

An Act to provide for the grant of probate and letters of administration to trust corporations and for matters incidental thereto and connected therewith.

1. Interpretation

In this Act, "trust corporation" means a body corporate which is authorised by the instrument constituting it or defining its powers to act as executor of the will or administrator of the estate of a deceased person or as trustee of a settlement whether created by will or otherwise, and which either (a) has for the time being an issued capital of not less than two million shillings or its equivalent; or

(b)

gives in any particular case such security as the High Court may determine for the due performance and discharge of the duties, obligations and liabilities imposed on executors and administrators by the provisions of the Succession Act.

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, "trust corporation" means a body corporate which is authorised by the instrument constituting it or defining its powers to act as executor of the will or administrator of the estate of a deceased person or as trustee of a settlement whether created by will or otherwise, and which either (a) has for the time being an issued capital of not less than two million shillings or its equivalent; or”
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.

1
  1. (b) gives in any particular case such security as the High Court may determine for the due performance and discharge of the duties, obligations and liabilities imposed on executors and administrators by the provisions of the Succession Act.
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
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

2. Grant of probate, etc. to trust corporations

(1)

Notwithstanding anything contained in the Succession Act, the High Court may-

(a)

where a trust corporation is named in a will as executor, whether alone or jointly with another person, grant probate to the corporation either solely or jointly with another person, as the case may require; and

(b)

grant letters of administration to a trust corporation, either solely or jointly with another person, and the corporation may act accordingly as executor or administrator, as the case may be.

(2)

A trust corporation which acts as executor or administrator in accordance with a grant made under subsection (1) may exercise such powers and shall perform such duties and be subject to such obligations and liabilities as are conferred and imposed on executors or administrators, as the case may be, by the Succession Act.

(3)

Probate or letters of administration shall not be granted to a syndic or nominee on behalf of a trust corporation.

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 “Grant of probate, etc. to trust corporations”.

“(1) Notwithstanding anything contained in the Succession Act, the High Court may-”
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.

5
  1. (1) Notwithstanding anything contained in the Succession Act, the High Court may-
  2. (a) where a trust corporation is named in a will as executor, whether alone or jointly with another person, grant probate to the corporation either solely or jointly with another person, as the case may require; and
  3. (b) grant letters of administration to a trust corporation, either solely or jointly with another person, and the corporation may act accordingly as executor or administrator, as the case may be.
  4. (2) A trust corporation which acts as executor or administrator in accordance with a grant made under subsection (1) may exercise such powers and shall perform such duties and be subject to such obligations and liabilities as are conferred and imposed on executors or administrators, as the case may be, by the Succession Act.
  5. (3) Probate or letters of administration shall not be granted to a syndic or nominee on behalf of a trust corporation.
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
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

3. Procedure

(1)

Subject to the provisions of this section, the provisions of the Succession Act relating to the practice and procedure to be followed in applications for and grants of probate and letters of administration shall apply to applications for and grants of probate and letters of administration by and to trust corporations under the provisions of this Act.

(2)

Any officer authorised for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation, swear affidavits, give security and do any other act or thing which the court may require with a view to the grant to the corporation of probate or letters of administration, and the acts of an officer so authorised shall be binding on the corporation.

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
Procedural rule

This section establishes the governing procedure for “Procedure”.

“(1) Subject to the provisions of this section, the provisions of the Succession Act relating to the practice and procedure to be followed in applications for and grants of probate and letters of administration shall apply to applications for and grants of probate and letters of administration by and to trust corporations under the provisions of this Act.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

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) Subject to the provisions of this section, the provisions of the Succession Act relating to the practice and procedure to be followed in applications for and grants of probate and letters of administration shall apply to applications for and grants of probate and letters of administration by and to trust corporations under the provisions of this Act.
  2. (2) Any officer authorised for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation, swear affidavits, give security and do any other act or thing which the court may require with a view to the grant to the corporation of probate or letters of administration, and the acts of an officer so authorised shall be binding on the corporation.
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
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

4. Syndic's interest to vest in corporation

(1)

Where, at the commencement of this Act, any interest in the estate of a deceased person is vested in a syndic on behalf of a trust corporation acting as the legal representative of that person, that interest shall, by virtue of this Act, vest in the corporation, and the syndic shall be kept indemnified by the corporation in respect of that interest.

(2)

This section shall not apply to securities registered or inscribed in the name of a syndic or to an estate or interest in land registered under the Registration of Titles Act in the name of a syndic, but any such securities, estate or interest shall be transferred by the syndic to the corporation, or as the corporation may direct.

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 “Syndic's interest to vest in corporation”.

“(1) Where, at the commencement of this Act, any interest in the estate of a deceased person is vested in a syndic on behalf of a trust corporation acting as the legal representative of that person, that interest shall, by virtue of this Act, vest in the corporation, and the syndic shall be kept indemnified by the corporation in respect of that interest.”
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) Where, at the commencement of this Act, any interest in the estate of a deceased person is vested in a syndic on behalf of a trust corporation acting as the legal representative of that person, that interest shall, by virtue of this Act, vest in the corporation, and the syndic shall be kept indemnified by the corporation in respect of that interest.
  2. (2) This section shall not apply to securities registered or inscribed in the name of a syndic or to an estate or interest in land registered under the Registration of Titles Act in the name of a syndic, but any such securities, estate or interest shall be transferred by the syndic to the corporation, or as the corporation may direct.
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
Registration of Titles 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

5. Effect and saving

(1)

This Act shall have effect whether the testator or the intestate died before or after the commencement of this Act, and no such vesting or transfer as is mentioned in section 4 shall operate as a breach of covenant or condition against alienation or give rise to a forfeiture.

(2)

This Act shall not apply in the case of a deceased person who is, or whose estate is, exempted under the provisions of section 334 of the Succession Act from the operation of Parts XXIX to XL of that Act or from any of those Parts.

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
Mandatory duty

This section imposes mandatory requirements concerning “Effect and saving”.

“(1) This Act shall have effect whether the testator or the intestate died before or after the commencement of this Act, and no such vesting or transfer as is mentioned in section 4 shall operate as a breach of covenant or condition against alienation or give rise to a forfeiture.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

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) This Act shall have effect whether the testator or the intestate died before or after the commencement of this Act, and no such vesting or transfer as is mentioned in section 4 shall operate as a breach of covenant or condition against alienation or give rise to a forfeiture.
  2. (2) This Act shall not apply in the case of a deceased person who is, or whose estate is, exempted under the provisions of section 334 of the Succession Act from the operation of Parts XXIX to XL of that Act or from any of those Parts.
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
Section 4 · Syndic's interest to vest in corporation 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

Original Laws of Uganda consolidation (as at 31 December 2000) — 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.