THE BAR COURSE 2025/2026

TERM II — MODULE III

FAMILY LAW PRACTICE
SUCCESSION I: ESTATE PLANNING, PROBATE AND LETTERS OF
ADMINISTRATION
POINTER NOTES
Week of 13th – 17th April 2026

PART I — INTRODUCTION AND LEGAL FRAMEWORK

A. The Regulatory Framework
This Module is governed primarily by the Succession Act, Cap. 268 (as amended by the
Succession (Amendment) Act, 2022 and the Succession (Amendment) Act, 2023).
Practitioners must read Cap. 268 alongside the following instruments:
• The Constitution of the Republic of Uganda (Articles 21, 26, 31, 33, 245).
• The Administrator General Act, Cap. 264.
• The Administration of Estates (Small Estates) (Special Provisions) Act, Cap. 263.
• The Probate (Re-Sealing) Act, Cap. 266; The Probate (Re-Sealing) Rules, S.I. 160-1.
• The Trustees Act, Cap. 164; Public Trustees Act, Cap. 267; Trust Corporations
(Probate and Administration) Act, Cap. 269; Trustees Act, Cap. 270; Trustees
(Incorporation) Act, Cap. 271.
• The Judicature (Administration of Estates) Rules, S.I. 13-7.
• The Civil Procedure Rules, S.I. Cap. 71-1.
• The Children Act, Cap. 62 (applies to guardianship per section 46, Cap. 268).
• The Registration of Titles Act, Cap. 230.
• The Administration of Estates (Small Estates) (Special Provisions) Rules, S.I. 156-1.

B. Introductory Principles
Estate planning is the deliberate, structured arrangement of one's property and affairs —
during life and in contemplation of death, disability or disappearance — so as to provide for
the security of dependants and the orderly devolution of one's estate. The practitioner must
appreciate the following foundational principles:
1. A valid Will does not displace statutory obligations. Sections 30–35 of the
Succession Act impose a mandatory duty on every testator to make reasonable
provision for a spouse, children, lineal descendants and dependent relatives.
Failure to do so activates the court's remedial power under section 31.
2. The testamentary trust is the primary instrument for holding and managing assets
for minor or vulnerable beneficiaries after the testator's death. The inter vivos
(living) trust offers additional advantages: immediate operation, asset protection,
privacy and continuity during incapacity.
3. Intestacy carries significant risk of mismanagement, fraud and family conflict. The
practitioner's duty is to advise strongly in favour of planned estate management.

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4. The executor and the trustee owe fiduciary duties of the highest order. Conflict of
interest, self-dealing and mismanagement attract both civil and criminal liability
under sections 327–328 of Cap. 268 and the Trustees Act, Cap. 164.

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WORKSHOP 1 — TESTACY, ESTATE PLANNING AND PROBATE
Facts: Ms. Samantha Mawadri — Single mother with sickle cell disease, substantial and
varied estate, three children (two biological, one adopted), a dependent elderly mother,
and a desire to establish a trust managed by her sister, Nelly Avua.

TASK (a): Samantha's Estate, Beneficiaries and Their Rights

1. What Constitutes the Estate
Section 20 of Cap. 268 defines the estate of a deceased person as all property not disposed
of before death. Each item of Samantha's property must be analysed separately:

(i) Maize Mill at Mukono

Wholly owned by Samantha. A business asset valued as a going concern. Forms part of the
estate.

(ii) Ultra-Modern Hatchery

Wholly owned by Samantha. Forms part of the estate.

(iii) Land at Bukerere, Kyaggwe — Block 180, Plot 235 (Mortgaged to ABSER Bank)
Registered in Samantha's name. Mortgaged as security for a UGX 500 million loan
repayable by December 2027. The property forms part of the estate but is subject to the
mortgage liability. The executor takes it cum onere — the mortgage must be redeemed
before the net equity passes to beneficiaries. Section 150 of Cap. 268 confirms that a
specific legatee takes a bequeathed asset subject to any encumbrance created by the
testator, unless a contrary intention is expressed in the Will.

(iv) House at Nalusugga, Gayaza, Wakiso (Title in name of Late Ignatious Ezati)
This is the principal residential holding — occupied by Samantha and her children. However,
it is registered in the name of the late Ignatious Ezati, Samantha's deceased father, who
gifted it to her before his death. Two issues arise:
1. The gift is incomplete until registration is effected under the Registration of
Titles Act, Cap. 230. Legal title remains in the estate of Ignatious Ezati until
then.
2. Before Samantha can deal with this property by Will or Trust, she must, during
her lifetime, obtain a grant in the estate of Ignatious Ezati and complete the
transfer to herself. Failing that, the executor must do so after death.
Under section 22 and section 30(2) of Cap. 268, the principal residential holding is not part
of the disposable estate. It is held in trust for the spouse and lineal descendants. There
being no surviving spouse, it devolves in trust for the children.
Jonah Senteza Kanyerezi & Anor v Chief Registrar of Titles, HCMA No. 919/1997.

(v) Money on Bank Accounts

Movable property. Forms part of the estate. The executor must present the grant to the
bank to access the funds.

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(vi) 30 Acres at Bulemezi, Luweero — Registered in Names of Santa Ayikoru and
Samantha Mawadri (15 acres each)
Only Samantha's 15-acre share forms part of her estate. Santa Ayikoru's 15-acre share is
already vested in her by registration and is not available for distribution.

(vii) One Acre at Namugongo — Kyaddondo Block 185 Plot 160 (Registered: Samantha
Mawadri and Louis Drani)
Louis Drani died in January 2026 leaving no wife or children. The property was jointly
purchased in equal proportions. This creates a tenancy in common, so Samantha's
undivided half-share (0.5 acres) forms part of her estate. Louis Drani's half-share falls into
his intestate estate. As he died without a spouse or lineal descendants, his share under
section 23(1) passes to nearest relatives; if no relatives are ascertained, to the State under
section 27. Samantha, as a sister and dependent relative, may have a claim to Louis Drani's
share. She must obtain Letters of Administration of Louis Drani's estate before her own
death.

(viii) 15 Acres at Bulemezi, Luweero — Block 153 Plot 50 (Title in Name of Sarah Nusu
as Administrator)
Samantha purchased this land from Sarah Nusu acting as administrator of the estate of
Merina Mulala. The transaction is valid if Sarah Nusu had authority to sell under her grant.
However, the title has not yet been transferred into Samantha's name. The property forms
part of the equitable estate and the executor must complete the formal transfer post-death.
All transaction documents must be preserved.

(ix) Land at Ntinda — Kibuga Block 230 Plot 165 (Residential Apartments, UGX 50
million/month)
Wholly owned by Samantha. A major income-generating asset. Forms part of the estate.
Designated as a trust property.

(x) Driana Grocers (Business worth UGX 100 million)

A going concern. The business assets — goodwill, stock, equipment — form part of the estate
and should be valued as a going concern. Designated as a trust property.

(xi) Safe Haven Guest House, Naalya — Kyaddondo Block 183 Plot 1122 (UGX 200
million; UGX 6 million/month)
Land and business wholly owned by Samantha. Forms part of the estate. Designated as a
trust property.

(xii) Land at Nangabo-Kasangati — Block 121 Plot 2672 (Intended Donation to Church)
Until a deed of gift is executed and registered, this land remains in Samantha's estate. It can
be bequeathed to Nalusuga Church of Uganda by Will under section 101 of Cap. 268,
which permits a bequest to religious or charitable causes. If the Church ceases to exist
before Samantha's death, the bequest lapses and the land falls into the residuary estate.

2. Beneficiaries and Their Rights

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(a) Santa Ayikoru (Biological Child, age 12)
A lineal descendant under section 2 of Cap. 268. Entitled to share in the estate under the
Will or on intestacy. As a minor, any share must be held in trust until majority. The 20% trust
provision for minor children's education, maintenance and welfare under section 23(2)
applies.

(b) Steven Ayiko (Biological Child, age 16)

A lineal descendant. Same analysis as Santa Ayikoru. Section 23(2) applies.

(c) Andrew Kedi (Adopted Child, age 14)

Section 2 of Cap. 268 expressly includes adopted children within the definition of 'child',
'children', 'issue' and 'lineal descendant'. Andrew Kedi, having been adopted by a High
Court order, is in law Samantha's child for all purposes of succession. He is entitled to the
same share as the biological children.
Stella Maris Amabilis & Anor v Esther Nabusakala, HCCS No. 72/2007.

(d) Samantha's Mother (age 90, senile)

A 'dependent relative' under section 2 of Cap. 268 — a parent wholly dependent on the
deceased at the date of death. Entitled to 4% of the distributable estate under section
23(1)(a)(ii). She should also be expressly provided for in the Will and Trust Deed. Section
30(1) requires that the testator make reasonable provision for dependent relatives, failing
which section 31 is engaged.

(e) Nelly Avua (Sister — Intended Executor and Trustee)

Not a beneficiary in her own right unless expressly provided for in the Will. Her role is
entirely fiduciary. She holds designated trust property for the benefit of the mother and
children. As a trustee she is bound by the strictest duties of loyalty, care and accountability.
Regal (Hastings) v Gulliver [1942] 1 All ER 378.
Boardman v Phipps [1967] 2 All ER 187.

TASK (b): All Practical Steps to Ensure Dependants' Welfare

Step 1: Regularise Title to All Properties
Before executing any Will or Trust, Samantha must attend to the following title matters:
1. Obtain a grant of Letters of Administration in the estate of the late Ignatious Ezati
and complete the transfer of the Gayaza house to herself; or perfect the gift by
registration during her lifetime.
2. Complete the formal transfer of Block 153 Plot 50 from Sarah Nusu's name into her
own name.
3. Apply for Letters of Administration in the estate of the late Louis Drani so as to
secure his half-share in Kyaddondo Block 185 Plot 160 before her own death.
4. Obtain a clear survey and confirmation of the boundaries of Kyaddondo Block 185
Plot 160 after Louis Drani's share is dealt with.

Step 2: Execute a Will

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Samantha must execute a valid unprivileged Will in accordance with section 47 of Cap. 268
(signed by the testator; attested by two witnesses present at the same time; each witness to
sign on every page). The Will must:
1. Appoint Nelly Avua as Executor and Trustee (with a named substitute in the event
of inability or unwillingness to act).
2. Appoint Nelly Avua as Testamentary Guardian of the minor children under section
39 of Cap. 268. Note the limitation under section 42: a testamentary guardian acts
jointly with any surviving parent unless court directs otherwise.
3. Bequeath the five designated income-generating properties to the Trust (Ntinda
apartments, Driana Grocers, Safe Haven, Maize Mill, Hatchery).
4. Make express and reasonable provision for the mother from trust income — not
less than UGX 4 million per month for medical care — satisfying the mandatory
obligation under section 30(1) of Cap. 268.
5. Confirm Andrew Kedi's entitlement in the same terms as the biological children.
6. Direct that the ABSER Bank mortgage be serviced and redeemed from estate
income by December 2027.
7. Bequeath Nangabo-Kasangati Block 121 Plot 2672 to Nalusuga Church of Uganda
under section 101 of Cap. 268.
8. Direct equal distribution of all trust and residuary property among the three
children upon the last of them graduating from a degree or professional
programme.
9. Make provision for the residuary estate.

Step 3: Execute a Trust Deed

A Trust Deed (inter vivos or testamentary) must be executed over the five designated
properties. The Trust Deed must:
1. Identify the trust assets, the trustee (Nelly Avua), and the beneficiaries (mother and
children).
2. Specify the income application priority: mother's maintenance first; children's
education and welfare second; balance to be re-invested.
3. Confer powers of management, investment, re-investment, letting and sale (with
appropriate safeguards).
4. Require annual audited accounts to all adult beneficiaries.
5. Specify the termination event: upon all three children graduating, all trust assets
vest in them in equal shares.
6. Incorporate provisions for trustee succession and removal.
7. Comply with the Trustees Act, Cap. 164.
Prince Mpuga-Rukidi v Prince Solomon Iguru & Anor, SCCA No. 18/1994.
Saul Kisirimbo Rumanda v Emmy Tumwine & 6 Ors, SCCA 19/2018.
Katende, Ssempebwa & Co. Advocates v Nabachwa Barbara & Anor, HC MA 072/2019.

Step 4: Appoint Guardians

Section 39 of Cap. 268 empowers a parent by Will to appoint a guardian for minor children.
Nelly Avua should be named as testamentary guardian. If no Will is executed, section 40 of
Cap. 268 provides a statutory order of priority for guardianship. The executor should also
consider whether the adoptive terms for Andrew Kedi require any separate steps with court.

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Step 5: Banking, Insurance and Power of Attorney
1. Where the bank's terms permit, designate the Trust as beneficiary on all bank
accounts to ensure immediate liquidity on death.
2. Consider a life insurance policy with the Trust as beneficiary to fund the mother's
medical expenses during the period of estate administration.
3. Execute a durable Power of Attorney in favour of Nelly Avua, authorising her to
manage Samantha's affairs in the event of incapacity prior to death.

Step 6: Address the Mortgage

The Will must direct the executor to continue servicing the ABSER Bank mortgage from
estate income and to redeem it by December 2027. Sufficient funds should be ring-fenced
in the trust for this purpose. The Bukerere land passes to the estate free of encumbrance
once the mortgage is discharged.

TASK (c): Checklist of Information Required

1. Full names, dates of birth and National ID numbers of all beneficiaries and
intended fiduciaries.
2. Original or certified copy of Andrew Kedi's adoption order.
3. Copies of all Certificates of Title for all immovable properties.
4. Business registration certificates for Driana Grocers, Safe Haven, the Hatchery and
the Maize Mill.
5. Current valuation reports for all properties and businesses.
6. The ABSER Bank mortgage agreement — outstanding balance, repayment
schedule, default terms.
7. The gift document from Ignatious Ezati relating to the Gayaza house — original or
certified copy.
8. Probate or Administration documents (if any) for the estate of the late Ignatious
Ezati.
9. Death certificate for Louis Drani; confirmation he died without a Will, spouse or
children.
10. Sale agreement and receipts for Block 153 Plot 50 (purchased from Sarah Nusu as
administrator of Merina Mulala's estate).
11. Registration details for Nalusuga Church of Uganda (legal name, registration
number).
12. Nelly Avua's National ID, contact details and written consent to act as Executor and
Trustee.
13. Any existing Will of Samantha.
14. Full schedule of all debts, liabilities and outstanding obligations.
15. Tax compliance status of all properties and businesses.
16. Details of the fathers of Santa Ayikoru and Steven Ayiko — to assess whether any
surviving parent may claim joint guardianship under section 42 of Cap. 268.
17. Bank account details and current balances.

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TASK (d): Documents to Be Drafted

DOCUMENTS TO BE DRAFTED

1. Last Will and Testament of Samantha Mawadri.

Contents: appointment of Executor and Trustee (Nelly Avua); appointment of
Testamentary Guardian;
trust over the five designated properties; maintenance provision for mother; express
provision for
Andrew Kedi; direction to service and redeem the ABSER Bank mortgage; bequest of
Nangabo-
Kasangati land to Nalusuga Church of Uganda; residuary estate clause; attestation
clause.

2. Trust Deed (testamentary or inter vivos).

Contents: identification of trust assets (the five properties); named Trustee (Nelly Avua)
and
substitute Trustee; beneficiaries (mother and three children); income application
priority; Trustee's
powers; accounts and reporting obligations; termination clause; governing law clause;
execution
and attestation.

3. Power of Attorney in favour of Nelly Avua.

Contents: scope of authority (property management, banking, business operations);
duration;
execution and notarisation.

TASK (e)(i): Steps for Nelly Avua to Lawfully Manage Samantha's Estate after
Death
Step 1: Immediately Secure the Estate
1. Take custody of the original Will.
2. Notify all banks, tenants and business partners of the death and of the Executor's
appointment, pending Probate.
3. Secure all physical properties and ensure continuity of all business operations
without distributing any assets.
4. Obtain a certified copy of the death certificate.
5. Do not distribute any assets before Probate is granted. Section 261 of Cap. 268
confirms that the right to sue and be sued vests in the Executor only from the date
of Probate.

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Step 2: Obtain Probate at the High Court
The estate is of very high value; the High Court (Family Division) has original jurisdiction
under section 231 of Cap. 268. The procedure is as follows:

Pre-Petition Requirements:
1. Obtain estate duty clearance certificate from the Commissioner, Uganda Revenue
Authority (section 248, Cap. 268 — mandatory; no Probate is grantable without this
certificate).
2. Publish notice of intention to apply for Probate in a newspaper of wide circulation.
Affix notice at the courthouse. Allow a minimum of 14 days for caveats (Judicature
(Administration of Estates) Rules, S.I. 13-7, rule 4; section 246(2), Cap. 268).

Petition Requirements (section 240, Cap. 268):

The Petition for Probate must be distinctly written in English and must state: the date and
place of death; that the annexed writing is the testator's Last Will and Testament duly
executed; the estimated value of assets; and that the petitioner is the named Executor.

Documents to File:
• Petition for Probate (signed and verified: section 243, Cap. 268).
• Original Will.
• Affidavit in support.
• Witness verification affidavit (at least one witness to the Will: section 244, Cap.
268).
• Certified copy of death certificate.
• Estate duty clearance certificate.
• Copies of newspaper publication.

Francis Sserwadda & Anor v Esther Priest Kawooya, HCCS 10/2021.

Administrator General v Norah Nakiyagga & Ors (1993) 3 KALR 1.
Sarah Nabaggala & Anor v Joyce Nakku & Anor (1993) 4 KALR 59.

Step 3: Post-Probate Administration

1. File a full and true inventory of the estate within six months of the grant: section
255(1), Cap. 268.
2. Collect all estate income — rents, business profits, bank funds.
3. Identify, notify and pay all creditors and liabilities, including the ABSER Bank
mortgage.
4. Complete all pending property transfers (Gayaza house, Block 153 Plot 50, Louis
Drani's share in Block 185 Plot 160).
5. Transfer trust properties to herself in her capacity as Trustee.
6. Distribute the bequests in the Will, including the church donation.
7. Distribute the residuary estate equally among the three children (or hold in trust
where any child remains a minor or is yet to graduate).
8. Render a true account of all property and credits to the court within one year of the
grant: section 255(1), Cap. 268.

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 9. Obtain discharges from all beneficiaries upon completion.

Asiki Charles v Diana Ayume & 3 Ors, CACA 134/2021 (nature of executor's office).
Florence Ssali Nurdin v Charmas Charania & Anor, CACA No. 56/2008 (powers of executor).
Bossa and Company Advocates v Nassanga Veronica (conduct of advocates in estate matters).

TASK (e)(ii): Documents to Be Drafted for Probate

DOCUMENTS TO BE DRAFTED

1. Petition for Probate.

To be filed at: High Court of Uganda at Kampala (Family Division).
Contents: identification of deceased (Samantha Mawadri); date and place of death;
confirmation
that the annexed Will was duly executed; statement of survivors; estimated estate value;
fixed
place of abode; undertaking to file inventory and accounts; prayer for Probate.
Signed and verified by Nelly Avua (Petitioner); verification by a witness to the Will.

2. Affidavit in Support of Petition for Probate.

Deposes to: identity of deceased; due execution of the Will; identity and capacity of
Executor;
list of survivors and beneficiaries; estimated value of estate.

3. Witness Verification Affidavit (section 244, Cap. 268).

Sworn by at least one attesting witness confirming presence at execution.

4. Grant of Probate (Court Order).

Issued by: High Court (Family Division) under the seal of the Court.
Contents (per section 255, Cap. 268): identifies deceased; confirms date of grant;
names Executor;
records undertakings to file inventory within 6 months and accounts within 1 year.

TASK (e)(iii): Andrew Kedi — Omitted Beneficiary (Dismissal on Ground of

Sexual Orientation)
Legal Analysis
1. Legality of the Exclusion
Section 2 of Cap. 268 expressly includes adopted children within the definition of 'child'.
Andrew Kedi, as a legally adopted child, has the same succession rights as Samantha's

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biological children. The power of a testator to exclude a child from a Will is not absolute
under Ugandan law.
Section 30(1) of Cap. 268 imposes a mandatory duty on every testator to make reasonable
provision for the maintenance of a child. Section 31 empowers the court to order
maintenance out of the estate where this duty is not discharged. The exclusion of Andrew
Kedi solely on the ground of his dismissal from school for alleged sexual conduct does not
satisfy the obligation under section 30(1) and is susceptible to a court order under section
31. Importantly, a minor of 14 years cannot, in equity or law, be disinherited by reference
to conduct the law imputes to him on the basis of a school's disciplinary finding.

2. Remedies Available to Andrew Kedi

1. Primary remedy: Application to the High Court (Family Division) under section 31
of Cap. 268 for an order that reasonable maintenance provision be made for
Andrew Kedi out of the estate. The application must be lodged within six months
of the date Probate is first taken out: section 32(1).
2. The court will have regard to: Andrew Kedi's needs; the size of the estate; the
conduct of all parties; and any other relevant circumstances: section 31(5).
3. The court may order periodical payments for education and maintenance until
Andrew Kedi completes education or attains 25 years, whichever first occurs:
section 31(2)(a)(ii).
4. The court may alternatively award a lump sum: section 31(3).
5. An interim order may be obtained under section 35 if Andrew Kedi is in immediate
financial need pending the substantive hearing.

3. How to Obtain the Remedy

1. File a Miscellaneous Application by Notice of Motion, arising from the Probate
Cause, at the High Court (Family Division), within six months of the grant of
Probate.
2. Support the application with an affidavit establishing: Andrew Kedi's status as an
adopted child; the terms of the adoption order; his current dependency; his
educational needs; and the failure of the Will to provide for him.
3. Serve the application on the Executor, Nelly Avua.
4. If urgent, apply simultaneously for an interim order under section 35.

DOCUMENTS TO BE DRAFTED

1. Notice of Motion (Miscellaneous Application under section 31, Cap. 268).

Filed at: High Court (Family Division), arising from the Probate Cause.
Contents: prayer for maintenance order in favour of Andrew Kedi; prayer for interim
order
(if applicable); grounds of application.

2. Affidavit in Support.
Deposes to: Andrew Kedi's identity and adoption; his current age (14) and dependency;
his educational needs and expenses; the failure of the Will to make provision; the size

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 and income of the estate.

3. Draft Order (Maintenance).

Contents: order for maintenance (periodical payments or lump sum); duration; amount;
direction to Executor to comply.

TASK (f): Ethical Issues

The following ethical issues must be identified and addressed across all instructions in this
matter:

1. Conflict of interest. The firm must conduct a full conflicts check before accepting
instructions from Samantha. If the firm has previously advised any other potential
beneficiary of the estate (including relatives of the late Louis Drani), a conflict exists
and instructions cannot be accepted without the informed consent of both clients,
or at all if the conflict is irresolvable: Rule 7, Advocates (Professional Conduct)
Regulations, S.I. 267-2.
2. Confidentiality. All information received from Samantha — her health condition,
estate composition, family circumstances and instructions — is subject to absolute
professional confidentiality under Rule 4 of the Regulations. This obligation
survives the client's death and is owed to the estate and its beneficiaries.
3. Testamentary capacity and undue influence. Samantha has sickle cell disease and
a senile, dependent mother. The advocate must be positively satisfied that the Will
and Trust Deed are the free and voluntary act of Samantha. Where Nelly Avua (a
beneficiary of the trust) is present during instructions, the advocate should, as a
matter of good practice, conduct a private interview with Samantha in the absence
of Nelly Avua before execution. Section 36 of Cap. 268 voids any Will obtained by
undue influence, duress or abuse of a position of trust.
4. Andrew Kedi and the limits of client instructions. The instruction to exclude
Andrew Kedi on grounds of sexual orientation may conflict with section 30(1) of
Cap. 268. The advocate must advise Samantha clearly and on record that such
exclusion is legally vulnerable and may be overturned by court order. If Samantha
insists, the advocate must record the advice given. If compliance would require
facilitating illegality, the advocate must consider withdrawal.
5. Witness disqualification. Section 51 of Cap. 268 voids any bequest to an attesting
witness. The advocate must ensure no beneficiary witnesses the Will. Under
section 52(2), only an advocate may participate in writing or preparing a Will.
6. Fee transparency. All fees — for Will drafting, Trust Deed, estate administration and
trust management — must be disclosed to the client before engagement and
agreed in writing. Overcharging in estate matters amounts to professional
misconduct.
7. Duty not to delay. Given Samantha's health condition, the advocate must act with
reasonable despatch. Delay in regularising title to properties may cause serious
prejudice to the estate and to the beneficiaries, particularly the minor children.
8. Separate retainers for distinct mandates. If the firm is instructed both to prepare
the Will and to assist with post-death estate administration, a separate retainer

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letter should be prepared for each mandate. The firm must not allow its own
financial interests to conflict with those of the beneficiaries during administration.

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WORKSHOP 2 — INTESTACY, LETTERS OF ADMINISTRATION,
CAVEATS AND PROBATE RE-SEALING

FACT SET A: Jane Nnungi — Estate of Luka Nsimbi (Deceased)

TASK (a): The Estate, Beneficiaries and Their Rights

1. What Constitutes the Estate
Luka Nsimbi died intestate on 7th August 2025. The estate comprises all property not
disposed of before death (section 20, Cap. 268). Each asset must be analysed:

(a) Residential House at Luzira — Principal Residential Holding

This is the principal residential holding under section 22(1) of Cap. 268 — occupied by Luka
Nsimbi as his principal residence and now occupied by Jane Nnungi and her children. It
devolves on the personal representative in trust for the spouse and lineal descendants. It is
not sold or distributed while a spouse or lineal descendant entitled to occupy it survives.
See Schedule 3 to Cap. 268.

(b) Residential House at Nyenga, Masaka — Other Residential Holding

An other residential holding under section 22(2) of Cap. 268, occupied by Stica Ndifuna
and her children. Devolves in trust in the same manner as the principal holding. Not to be
sold or distributed while occupied by entitled persons.

(c) 10 Acres at Kasana, Masaka — Buddu Block 324 Plot 30

Registered in Luka's name. Forms part of the distributable estate.

(d) Maize Mill at Abayita'ababiri, Entebbe Road, Wakiso

Business asset. Forms part of the distributable estate.

(e) Five Shops at Luzira (Rental: UGX 6 million/month; Value: UGX 900 million)
Income-generating property. Forms part of the distributable estate.

(f) Commercial Building in Masaka Town (Rental: UGX 15 million/month; Value: over
UGX 1 billion)
Forms part of the distributable estate.

(g) Land at Kasaana — Buddu Block 322 Plot 18 (Registered: Luka Nsimbi as
Administrator of Estate of Semeo Nsimbi Musisi)
This land is NOT part of Luka Nsimbi's personal estate. It is held by him in a representative
capacity as administrator of the estate of the late Semeo Nsimbi Musisi. It belongs to the
beneficiaries of Semeo's estate. The administrators of Luka's estate must take steps to
obtain a fresh grant in Semeo's estate or transfer the administration. It cannot be distributed
as part of Luka's estate.
Jonah Senteza Kanyerezi & Anor v Chief Registrar of Titles, HCMA No. 919/1997.

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2. Beneficiaries and Distribution
The distributable estate (excluding the two residential holdings) falls to be distributed per
section 23 of Cap. 268. Luka Nsimbi is survived by two spouses and multiple children. The
following analysis applies:

Spouses:
1. Jane Nnungi — Lawful wife. Customary law marriage contracted in 1996 with full
bride price. A surviving spouse entitled to share in the estate.
2. Stica Ndifuna — Lawful wife. Customary law marriage contracted in 2012 with full
bride price. A surviving spouse entitled to share in the estate.
Note: The rights of a separated spouse under section 26 of Cap. 268 do not arise here;
neither wife was separated from the deceased at the date of his death.
Nalumansi Elizabeth v Jolly Kasande & Others, SCCA 10/2015.
Mboijana & 2 Others v James Mboijana, SCCA No. 3/2004.

Lineal Descendants:
1. Sarah Nsimbi (age 15), Sanyu Sandra Miti (age 17), Maria Tereza Mukisa (age 30,
married) — Jane's biological children. All lineal descendants. Marriage does not
disqualify Maria Tereza from inheriting.
2. Leocadia Meeme (age 10) and Yudesi Mirembe (age 6) — Stica's biological
children. Lineal descendants.
3. Son of Dinah Mwangu — Jane confirmed paternity. A child born out of wedlock is a
lineal descendant under section 2 of Cap. 268. Entitled to share equally with the
other lineal descendants under section 24.
4. Victoria Tezitta (age 12) — The fact pattern states Luka 'adopted' her. If this was a
formal court adoption, she qualifies as a lineal descendant under section 2. If it was
informal family care only, she is NOT a lineal descendant and at best qualifies as a
dependent relative. This must be verified by production of the adoption order.

Dependent Relatives:
1. Moses Jjuuko (age 13) — Son of Male Ssuubi, in Luka's care under the terms of
Male Ssuubi's Will. This does not constitute legal adoption. Moses is NOT a lineal
descendant of Luka. He is a dependent relative if he was wholly dependent on
Luka at the date of death — entitled to share in the 4% dependent relatives' portion
under section 23(1)(a)(ii).
2. Nikodemu Musisi (age 88) — Luka's paternal uncle, wholly maintained by Luka. A
dependent relative under section 2 of Cap. 268. Entitled to share in the 4%
dependent relatives' portion.

Distribution Formula — section 23(1)(a), Cap. 268:

Where the intestate is survived by a spouse, lineal descendants, a dependent relative and
a customary heir:
• Spouses: 20% (shared equally between Jane and Stica per section 24(1)).
• Lineal descendants: 75% (shared equally among all lineal descendants per section
24(1)).

15
 • Dependent relatives: 4% (shared equally between Moses Jjuuko and Nikodemu
Musisi).
• Customary heir: 1%.
Note: Before this distribution, 20% of the distributable estate must be set aside in trust for
the education, maintenance and welfare of the minor children (section 23(2)).

Section 23, 24, 25 of the Succession Act, Cap. 268.

Male v Namanda (1982) HCB 140.
Stella Maris Amabilis & Anor v Esther Nabusakala, HCCS No. 72/2007.

TASK (b): Additional Information Required

1. Certified copy of death certificate for Luka Nsimbi.
2. Marriage certificates for Jane Nnungi and Stica Ndifuna.
3. Birth certificates for all children, including the son of Dinah Mwangu.
4. Court adoption order for Victoria Tezitta (if any formal adoption was effected).
5. Will of Male Ssuubi (to determine the guardianship arrangement for Moses Jjuuko
and whether it constitutes adoption).
6. Certificates of Title for all immovable properties.
7. Business registration certificates for the maize mill and shops.
8. Grant of Letters of Administration in the estate of Semeo Nsimbi Musisi and any
related documents.
9. Current valuation reports for all estate assets.
10. Estate duty clearance certificate from the Uganda Revenue Authority.
11. Proof of Nikodemu Musisi's dependency on Luka (financial or medical records).
12. Administrator General's endorsement of the family's choice of administrators
(section 4, Administrator General Act, Cap. 264).
13. Confirmation of the customary heir or heiress identified by the family.

TASK (c): Documents to Be Drafted for Letters of Administration

DOCUMENTS TO BE DRAFTED

1. Petition for Letters of Administration.

Petitioners: Jane Nnungi and Stica Ndifuna (co-administrators).
To be filed at: High Court of Uganda at Kampala (Family Division).
Contents (per section 242, Cap. 268): time and place of death; family and relatives of
deceased
with residences; right in which petitioners claim (as surviving spouses with priority under
section
199 and with Administrator General's endorsement); confirmation of property within
jurisdiction;
estimated estate value; undertaking to file inventory within 6 months and accounts
within 1 year.

16
 Signed and verified by both petitioners per section 243.

2. Affidavit in Support of Petition.

Deposes to: identity of deceased; intestacy; identity and status of both petitioners; list of
all
survivors; description and estimated value of estate assets; endorsement of
Administrator General.

3. Letters of Administration (Court Order).

Issued by: High Court (Family Division) under the seal of the Court.
Contents (per section 256, Cap. 268): identifies deceased; confirms date of grant;
names co-
administrators; records undertakings to file inventory and accounts.

TASK (d): Steps, Procedure and Practice of Obtaining Letters of

Administration
The following is the complete procedure for obtaining Letters of Administration for a high-
value intestate estate before the High Court:

1. Consult the Administrator General under section 4 of the Administrator General

Act, Cap. 264. The family must first approach the Administrator General for
endorsement or consent. This is a pre-condition. (Certificate of no Objection)
2. Obtain certified death certificate.
3. Obtain estate duty clearance certificate from the Commissioner, Uganda Revenue
Authority (mandatory: section 248, Cap. 268).
4. Publish notice of intention to apply for Letters of Administration in a newspaper of
wide circulation and affix notice at the courthouse (Judicature (Administration of
Estates) Rules, S.I. 13-7, rule 4; section 246(2), Cap. 268). Fourteen days must be
allowed for caveats.
5. If no caveat is lodged, file the Petition at the High Court (Family Division) Registry
with all supporting documents.
6. If a caveat is lodged, proceedings are suspended per section 251(2) until the
caveat is withdrawn, lapses or a suit for its removal is determined.
7. Court examination: the court may require the petitioners to appear in person, may
examine them on oath and may require further evidence: section 246(1).
8. Upon satisfaction, the court issues Letters of Administration under seal: section
256, Cap. 268.
9. File a full and true inventory within six months of the grant.
10. Render a true account of property and credits within one year of the grant.

Sections 197–200, 231, 238, 242, 243, 246, 256, Cap. 268.
Silver Byaruhanga v Fr Emmanuel Ruvugwaho & Rudeja, SCCA 09/2014 (joint administrators).
Asiki Charles v Diana Ayume & 3 Ors, CACA 134/2021.

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FACT SET B: Small Estate (Value UGX 45 Million)
If the estate of Luka Nsimbi were worth only UGX 45 million, the applicable procedure is
governed by the Administration of Estates (Small Estates) (Special Provisions) Act, Cap. 263
and the Administration of Estates (Small Estates) (Special Provisions) Rules, S.I. 156-1.

Jurisdiction:
Application is made to the Chief Magistrate or Magistrate (not the High Court) having
jurisdiction in the area where the deceased resided or had property: sections 231, 236, 237
of Cap. 268. The Magistrate has the same powers as the High Court in relation to grants:
section 232. If a contention arises, the Magistrate must refer the matter to the High Court:
section 254.

Procedure:
5. Approach the Administrator General for endorsement (CONO).
6. Obtain estate duty clearance.
7. Publish notice and await the caveat period.
8. File petition at the Chief Magistrate's Court, complying with section 242 of Cap.
268 and the Rules under Cap. 263.
9. The Magistrate issues Letters of Administration under seal.
10. All ongoing obligations — inventory within 6 months; accounts within 1 year —
apply equally.

DOCUMENTS TO BE DRAFTED

1. Petition for Letters of Administration (Small Estate).

Filed at: Chief Magistrate's Court having jurisdiction.
Same essential contents as a High Court petition under section 242, Cap. 268,
adapted per the Administration of Estates (Small Estates) (Special Provisions) Rules, S.I.
156-1.

2. Letters of Administration (Magistrate's Order).

Issued by: Chief Magistrate under seal of the court.

FACT SET C: Celine Luzze Odaka — Challenges in Administration

Celine Luzze Odaka holds Letters of Administration issued by the High Court at Arua,
Administration Cause No. 094/2024, dated 13th December 2024 (document SODK).
Several distinct challenges must be addressed.

TASK (i): Steps Celine Must Take

Issue 1: Overseas Bank Account Funds (London, Nairobi, Mombasa)

18
 1. Apply to the High Court (Arua) for an order under section 326 of Cap. 268,
directing that no distribution be made until the overseas assets are recovered, and
authorising a hold on the estate pending confirmation of all foreign assets.
2. Engage advocates in Kenya (for Nairobi and Mombasa accounts) and in the United
Kingdom (for the London account) to present the Ugandan grant of Letters of
Administration to the respective banks and effect transfer to the Ugandan Trust
Account. The Ugandan grant may require re-sealing in those jurisdictions or a fresh
local grant.

Issue 2: Disputed Land at Bbaale, Kayunga — East Buganda Block 22 Plot 10

1. Continue and diligently prosecute Civil Suit No. 056/2025 before the Mukono High
Court to judgment.
2. Upon judgment in Celine's favour, enforce it, open the boundaries and include the
land in the estate inventory.
3. If the existing grant (Arua) needs to be relied upon for enforcement in
Kampala/Wakiso/Mukono jurisdictions, consider registering or presenting the
grant at the High Court in the relevant region.

Issue 3: Unlocated Land at Kangave, Luweero

1. The surveyor has been engaged. Once the land is located, include it in the estate
inventory.
2. Apply for amendment of the inventory if the six-month filing deadline has already
passed.

Issue 4: Sale of Kyaddondo Block 186 Plot 144 to Javas Kintu — Registrar's
Requirement
The Senior Registrar of Titles requires a certified copy of the court-approved inventory
before passing the transfer to Javas Kintu.
1. File the inventory with the court that granted the Letters of Administration (High
Court, Arua). If the six-month deadline has passed, apply for extension of time.
2. Once the inventory is filed and certified, obtain a certified copy.
3. Present the certified inventory to the Senior Registrar of Titles to complete the
transfer.

Abubaker Sebalamu Ganya v Yasmin Nalwoga, SCCA 14/2017 (inventory filed out of time
without leave is illegal).
Re: Sharon Atwiine (deceased), HCT-05-FD-MA-0081/2023 (extension of time to file inventory).
In the matter of the estate of Baija Jennifer, HCT-05-FD-MA-0071/2024.
Re: Mugume Stella Maris's application, Adm. Cause No. 012/2024.

Issue 5: General Compliance

1. Apply for extension or renewal of the Letters of Administration if the two-year
validity period under section 255(2) of Cap. 268 is approaching expiry.

19
 2. File the annual accounts if not already done (due within one year of 13th
December 2024, i.e., by 13th December 2025 — consider whether this deadline
has passed and apply for extension if needed).

Kakumba Bernard Tamale & 3 Ors v Wanyana Teo & 10 Ors, HCMA No. 0271/2025.
Re: An application for renewal of Letters of Administration in respect of estate of late
Ndabakwatsa John, HCT-05-FD-MA 0275/2024.

TASK (ii): Documents to Be Drafted

DOCUMENTS TO BE DRAFTED

1. Application for Extension of Time to File Inventory.

By: Notice of Motion with supporting Affidavit.
Filed at: High Court of Uganda at Arua (Misc. Application arising from Adm. Cause No.
094/2024).
Grounds: complexity of estate; pending civil suit (Block 22 Plot 10); unlocated Kangave
land;
pending overseas asset recovery.

2. Affidavit in Support of Application for Extension of Time.

Deposes to: grant and date thereof; the estate's complexities; reasons for non-
compliance;
steps already taken; confirmation that beneficiaries are not prejudiced.

3. Draft Order Extending Time to File Inventory.

4. Inventory of Estate (once all assets are ascertained).

Filed at: High Court at Arua.
Contents: full and true list of all estate assets with values; liabilities; net estate.

5. Application for Section 326 Order (overseas assets).

By: Notice of Motion filed at High Court, Arua.
Relief: order that no claims (other than priority claims) be paid for a period not
exceeding
18 months, pending recovery of overseas assets.

6. Application for Renewal/Extension of Validity of Letters of Administration (if expiry is

imminent).
Filed at: High Court, Arua.

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TASK (iii): Written Submissions
The following is the structure of written submissions in support of the application to extend
time to file inventory:

I. Introduction
Identify the application, the court, the cause number and the relief sought.
II. Background
Summarise the grant (Adm. Cause No. 094/2024, dated 13 December 2024); the scope of
the estate; the administrator's undertakings at the time of the grant; and the circumstances
giving rise to non-compliance.
III. Applicable Law
Section 255/256 of Cap. 268 (duty to file inventory within six months); Judicature
(Administration of Estates) Rules, S.I. 13-7; the court's inherent jurisdiction to grant
extensions. Distinguish Abubaker Sebalamu Ganya v Yasmin Nalwoga, SCCA 14/2017
(where inventory was filed out of time without any leave — the present application is made
before any such irregularity is allowed to persist).
IV. Grounds for Extension
(a) The estate includes disputed property in active litigation (Civil Suit No. 056/2025,
Mukono). (b) Estate assets include unlocated land (Kangave, Luweero) currently being
surveyed. (c) The estate includes overseas bank accounts in Kenya and the United Kingdom
which have not yet been transferred. (d) The complexity and geographical spread of the
assets have made a complete inventory impossible within the prescribed period. (e) The
administrator has acted in good faith throughout.
V. No Prejudice
The beneficiaries (adopted children and deceased's sister-in-law's relatives) have no
complaint against the administrator and consent to the extension. No estate property is at
risk of dissipation.
VI. Prayer
Extension of time to file inventory for a specified period; liberty to apply; costs.

FACT SET D: Mina Musana v Dr. Stella Kwebaza — Caveat

TASK D(i): Practical Steps on Mina Musana's Behalf

Dr. Stella Kwebaza published notice of her application for Letters of Administration
(document MM) in the Bukedde newspaper of 11th April 2026 (Probate and Administration
Cause No. 044/2026, High Court, Family Division). The 14-day caveat window expires on
25th April 2026.

1. Immediately verify the facts. Confirm the newspaper notice (MM). Visit the court
registry and obtain a copy of the petition (MM1 — already done).
2. Lodge a caveat at the High Court (Family Division) Registry without delay, before
25th April 2026. Section 249 of Cap. 268 provides for the lodging of caveats with
the High Court; section 251(2) provides that proceedings are suspended once a
caveat is lodged.

21
 3. Serve a copy of the caveat on Dr. Stella Kwebaza within 14 days of lodging: section
251(1), Cap. 268.
4. Within six months of lodging the caveat, commence proceedings to prove the
objections: section 252(2). Failure to do so within six months causes the caveat to
lapse per section 252(3) and bars a subsequent caveat in respect of the same
estate: section 252(4).
5. File a separate application at the High Court (Land Division) under section 176 of
the Registration of Titles Act, Cap. 230, for cancellation of the fraudulent
registration of Kyaddondo Block 205 Plot 999 in Dr. Stella's sole name, and for an
injunction restraining any further dealings with that property pending
determination.
6. Advise on the mother's position. Musa Musana's non-wedded partner may have a
claim in constructive trust or proprietary estoppel in respect of property to the
acquisition of which she demonstrably contributed, independent of any succession
rights.

Section 249, 251, 252, Cap. 268.

Yunia Harriet Elon Gwokibulila Ssali v Godfrey Luyimbazi & 7 Ors, HCCS 0174/2021.
Hellen Okello v Akello Jennifer Ocan, HCCA No. 84/2019.
Hassifa Nassanga v Linda Precious Makula, HC Misc. Applic. No. 1382/2024.
Ajok Patricia v Jasmine Muwanguzi, HCCS 01/2023.
Bamanyi James Macumu v Kimpwitu Joyce, HCCS 121/2022.
Mmere Rusoke & Anor v Estate of Rusoke, HCT-01-FDAC 22/2022.

TASK D(ii): Documents to Be Drafted and Where to File Them

DOCUMENTS TO BE DRAFTED

1. Caveat (section 249–250, Cap. 268).

Form (per section 250): 'Let nothing be done in the matter of the estate of MUSA
MUSANA,
late of Lungujja, Balangira Zone, Kampala City, deceased, who died on the 1st day of
January
2026, at Lungujja, without notice to MINA MUSANA, c/o M/s Zziwa & Co. Advocates,
Plot 10
Kagugube Road, Makerere, Kampala.'
Grounds: interests of lineal descendants; fraudulent re-registration of Bbunga land;
Petitioner
not a fit and proper person.
Filed at: High Court of Uganda at Kampala (Family Division), Probate and Administration
Cause No. 044/2026.

2. Affidavit Verifying Grounds of Caveat.

22
 Deposes to: Mina's identity and relationship to deceased; the other beneficiaries; the
fraudulent
registration of Block 205 Plot 999; the newspaper notice (annexing MM); the petition
(annexing
MM1); and the basis for objection.

3. Plaint (Suit to Prove Objections — filed within 6 months of lodging the caveat).
Filed at: High Court of Uganda at Kampala (Family Division), as a civil suit arising from
Probate and Administration Cause No. 044/2026.
Reliefs: declaration that Petitioner is not fit and proper; order refusing the grant to Stella
Kwebaza; order for cancellation of fraudulent registration; order granting Letters of
Administration to a fit and proper person; general damages; costs.

4. Application for Injunction (separate application at High Court, Land Division).

Under section 176, Registration of Titles Act, Cap. 230.
Reliefs: cancellation of fraudulent registration of Block 205 Plot 999; injunction
restraining
Dr. Stella from dealing with that property pending determination.

TASK D(iii): Steps for Dr. Stella Kwebaza — Five Months After Caveat, No
Action by Caveator
Mina Musana lodged the caveat approximately five months ago. One month remains
before the six-month statutory deadline under section 252(2). Dr. Stella's advocate must act
as follows:

1. Monitor the six-month deadline from the date of the caveat with precision. If Mina
Musana does not commence proceedings within six months, the caveat lapses by
operation of law: section 252(3). Once lapsed, Mina cannot lodge another caveat
in respect of the same estate: section 252(4).
2. Once the deadline passes without a suit being filed: apply to the court for a
declaration that the caveat has lapsed and for resumption of proceedings in
Probate and Administration Cause No. 044/2026.
3. If Mina files a suit within the remaining month: Dr. Stella, as Defendant, must file a
Written Statement of Defence within 15 days of service of the plaint: Order 8 r. 1,
Civil Procedure Rules, S.I. 71-1. She must also assess whether to counterclaim for
an order confirming her entitlement to Letters of Administration.
4. Apply for administration pendente lite under section 214 of Cap. 268. Pending the
suit, Dr. Stella may apply for appointment as administrator pendente lite. Such an
administrator has all powers of a general administrator except the right to
distribute the estate, and is under the immediate control of the court.

Section 252, 214, Cap. 268.

23
 Hassifa Nassanga v Linda Precious Makula, HC Misc. Applic. No. 1382/2024.
Musinguzi Alwyn Garuga v Musinguzi Peace Kesiime & Others, HC MA 6166/2025.
Kyolaba Catherine & Anor v Angela Kagere Lubowa & Anor, HC MA 1014/2025.
Namuswe Milly & Ors v Adong Eunice & Ors, HCMA 4904/2025.
Ignatious William Kajubi & Anor v Canon Wanyama, Civil Appeal No. 26/2002.

DOCUMENTS TO BE DRAFTED

1. Application for Declaration that Caveat has Lapsed.

By: Notice of Motion with supporting Affidavit.
Filed at: High Court of Uganda at Kampala (Family Division),
Misc. Application arising from Probate and Administration Cause No. 044/2026.
Reliefs: declaration that caveat lodged by Mina Musana has lapsed per section 252(3),
Cap. 268; order resuming proceedings in Adm. Cause No. 044/2026; order granting
Letters
of Administration to Dr. Stella Kwebaza; costs.

2. Affidavit in Support.
Deposes to: date of caveat; date of publication (11 April 2026); six-month deadline;
failure
by Mina Musana to commence proceedings; need for urgent administration.

3. Application for Administration Pendente Lite (section 214, Cap. 268).

Filed at: High Court (Family Division).
Reliefs: appointment of Dr. Stella Kwebaza (or independent nominee) as administrator
pendente lite pending determination of any suit.

4. Written Statement of Defence and Counterclaim (if a suit is filed by Mina Musana).
Defences: priority of surviving spouse under section 199, Cap. 268; lawful registration of
Bbunga land (if joint tenancy argument is available); absence of fitness and propriety
grounds.
Counterclaim: declaration of entitlement to Letters of Administration; order granting
same.

FACT SET E: Probate Re-Sealing — Estate of Dr. Celine Wanjui (Kenyan

Deceased)

TASK (i): Steps for Cynthia Wairimu to Lawfully Sell the Uganda Land
The High Court of Kenya issued Probate in the estate of Dr. Celine Wanjui in March 2026
(Probate and Administration Cause No. 011/2026). The estate includes a 40-year leasehold
in Kayunga District, Uganda. Cynthia Wairimu is the daughter and grantee of the Probate.

24
Step 1: Confirm Eligibility for Re-Sealing
Uganda and Kenya are both Commonwealth countries. Section 3 of the Probate (Re-
Sealing) Act, Cap. 266, empowers the High Court of Uganda to reseal Probate or Letters of
Administration granted by a court in any British possession (including Commonwealth
jurisdictions). The Probate (Re-Sealing) Rules, S.I. 160-1 govern the procedure.

Step 2: Apply for Re-Sealing

1. File a Petition for Re-Sealing at the High Court of Uganda (Family Division) through
a Ugandan advocate.
2. Annex a certified and authenticated copy of the Kenyan Probate (Probate and
Administration Cause No. 011/2026, High Court of Kenya).
3. Obtain and produce estate duty clearance from the Uganda Revenue Authority:
section 248, Cap. 268, applies by virtue of section 5, Cap. 266.
4. File a verifying affidavit identifying: the deceased; the Kenyan Probate; the Uganda
assets; and the petitioner's authority.
5. Give notice in a newspaper of wide circulation in Uganda as required by the
Probate (Re-Sealing) Rules.
6. Wait for any caveats; if none, obtain the Re-Sealing Order.

Step 3: After Re-Sealing — Dealing with the Uganda Land

1. The re-sealed Probate has the same force and effect in Uganda as a grant
originally made by the Uganda High Court. Cynthia may then deal with the
Kayunga leasehold as executor.
2. Obtain any consent required for transfer of the leasehold (e.g., Uganda Land
Commission consent if required by the terms of the lease or applicable legislation).
3. File an inventory of the Uganda assets with the High Court.
4. Proceed to sell the leasehold to a buyer, executing transfer documents and
complying with the Registration of Titles Act, Cap. 230.
5. After discharging all Uganda-based debts and estate duties, remit the net
proceeds to the Kenyan estate: section 325, Cap. 268.

The Probate (Re-Sealing) Act, Cap. 266; The Probate (Re-Sealing) Rules, S.I. 160-1.
Delahaije v Kasolo Robin Elis & Anor, High Court Adm. Cause 1558/2018, Justice Olive
Kazaarwe Mukwaya.
In the matter of the estate of late Erfana Muhlis (deceased), High Court Adm. Cause 0240/2025,
Justice J. Bushara.

TASK (ii): Documents to Be Drafted

DOCUMENTS TO BE DRAFTED

1. Petition for Re-Sealing of Foreign Probate.

Filed at: High Court of Uganda at Kampala (Family Division).
Contents: identity of deceased (Dr. Celine Wanjui); date and circumstances of death;

25
 details of Kenyan Probate (Cause No. 011/2026); identity of petitioner (Cynthia
Wairimu);
description of Uganda assets (Kayunga leasehold — 40 years remaining, with coca
plantation,
processing machinery and houses); prayer for re-sealing under Cap. 266.
Annexures: certified copy of Kenyan Probate; estate duty clearance certificate.

2. Affidavit in Support of Petition for Re-Sealing.

Deposes to: Kenyan Probate; petitioner's authority; Uganda assets; purpose (sale of
leasehold).

3. Re-Sealing Order.
Issued by: High Court (Family Division).
Contents: identifies foreign Probate; orders re-sealing; endorses petitioner's authority
to
deal with Uganda assets.

4. Inventory of Uganda Estate Assets.

Filed at: High Court (Family Division) after re-sealing.
Contents: leasehold title; plantation; machinery; structures; estimated values.

26
WORKSHOP 3 (MOOT) — SUIT ARISING OUT OF CAVEAT: MINA
MUSANA v DR. STELLA KWEBAZA

A. Overview and Legal Framework

The moot arises from the caveat lodged by Mina Musana against Dr. Stella Kwebaza's
application for Letters of Administration in Probate and Administration Cause No.
044/2026. Documents MM (Bukedde newspaper notice of 11 April 2026) and MM1 (Dr.
Stella's petition) apply to the moot. Mina Musana is the Plaintiff; Dr. Stella Kwebaza is the
Defendant.
The suit is a civil action under section 252 of Cap. 268, prosecuted in accordance with the
Civil Procedure Act, Cap. 282 and the Civil Procedure Rules, S.I. 71-1. The central issues
are: (a) whether Dr. Stella is a fit and proper person to administer the estate; (b) the effect
of the fraudulent re-registration of Bbunga land (Kyaddondo Block 205 Plot 999); and (c)
who should administer the estate in the interests of all beneficiaries.

B. Plaintiff's Case (Mina Musana)

Key Submissions
The Plaintiff's case rests on the following grounds:
1. Dr. Stella Kwebaza, in February 2026, caused the jointly registered Bbunga land
(Kyaddondo Block 205 Plot 999) to be registered in her sole name without the
knowledge or consent of the other beneficiaries. This is evidence of a disposition
to dissipate estate property and renders her an unfit administrator.
2. Under section 199 of Cap. 268, the surviving spouse has preference in
administration; however, this preference is not absolute. Under section 4 of the
Administrator General Act, Cap. 264 and section 199(2) of Cap. 268, the
preference may be disregarded where the spouse is not a fit and proper person.
3. The Plaintiff and her sisters (Sara Musana and Matilda Musana) are lineal
descendants of the deceased entitled to 75% of the distributable estate and have a
direct and substantial interest in its proper administration.
4. The mother of the Plaintiff (the non-wedded partner), while not a lawful spouse,
contributed to the acquisition of estate property and has a proprietary claim
independent of the succession.

Section 199, Cap. 268.

Section 4, Administrator General Act, Cap. 264.
Nalumansi Elizabeth v Jolly Kasande & Others, SCCA 10/2015 (spouse preference and its
limits).
Romano Salim Ogwang & Others v Sande Otaale, HCCS No. 20/2005.

Documents to Be Drafted — Plaintiff

DOCUMENTS TO BE DRAFTED

1. Plaint.

27
 Filed at: High Court of Uganda at Kampala (Family Division), as a civil suit arising from
Probate and Administration Cause No. 044/2026.
Parties: Mina Musana (Plaintiff) v Stella Kwebaza (Defendant).
Statement of Facts: death of Musa Musana; publication of notice (MM); lodging of
caveat;
fraudulent registration of Bbunga land; interests of lineal descendants.
Reliefs: (a) declaration that Defendant is not fit and proper; (b) order refusing grant to
Defendant; (c) cancellation of registration of Block 205 Plot 999 in Defendant's sole
name;
(d) order for grant to a fit and proper person; (e) general damages; (f) costs.

2. Verifying Affidavit (Order 6 r. 2, Civil Procedure Rules).

Sworn by Mina Musana; verifies facts in Plaint; annexes MM (newspaper notice),
MM1 (petition), copies of Certificates of Title showing fraudulent re-registration,
and copy of caveat.

3. Witness Statements (for trial).

Mina Musana's witness statement and any other witnesses to be called.

C. Defendant's Case (Dr. Stella Kwebaza)

Key Defences and Submissions
1. Under section 199(1) of Cap. 268, the surviving spouse has preference over any
other person in the administration of an intestate estate. Dr. Stella Kwebaza is the
lawful widow of the deceased, married in January 2020 at Namirembe Cathedral,
and is entitled to this preference.
2. Re-registration of the Bbunga land (Kyaddondo Block 205 Plot 999): The land was
registered jointly. If the joint ownership was a joint tenancy (ius accrescendi), then
upon the death of one joint tenant, the survivor takes the whole by right of
survivorship, making unilateral registration lawful. The character of the joint
ownership (joint tenancy vs tenancy in common) is therefore a central factual and
legal issue in the suit.
3. The Plaintiff's mother is not a lawful spouse under the Succession Act definition of
'spouse' (section 2, Cap. 268 — 'a husband or wife married in accordance with the
laws of Uganda') and cannot claim administration priority.
4. The Defendant fully maintains Peace Musana and Simon Sitenda and is the
appropriate person to manage the estate for the benefit of the minor children.

Section 199, Cap. 268.

Fausia Rwabaganda v Bahemurwabusha (separation and spouse's rights).
Nalumansi Elizabeth v Jolly Kasande & Others, SCCA 10/2015.

28
Documents to Be Drafted — Defendant

DOCUMENTS TO BE DRAFTED

1. Written Statement of Defence (and Counterclaim).

Filed at: High Court (Family Division).
Defences: admissions and denials; priority of surviving spouse (section 199, Cap. 268);
lawfulness of Bbunga land registration (joint tenancy argument); non-spouse status of
Plaintiff's mother; fitness and propriety of Defendant.
Counterclaim: declaration of entitlement to Letters of Administration; order granting
same.

2. Affidavit in Reply (if required).

3. Application for Administration Pendente Lite (section 214, Cap. 268).

Filed at: High Court (Family Division).
Reliefs: appointment of administrator pendente lite pending determination of suit;
appointment of Dr. Stella or an independent nominee.

4. Affidavit in Support of Application for Administration Pendente Lite.

Deposes to: urgency; existence of income-generating estate property requiring
management;
absence of any current administrator; risk to estate if unmanaged.

5. Witness Statements (for trial).

Dr. Stella Kwebaza's witness statement and any other witnesses.

D. Ethical Issues in the Moot

1. Conflict check. M/s Zziwa & Co. Advocates (Plaintiff's firm) must confirm no prior
retainer relationship with Dr. Stella Kwebaza or the estate. M/s Baina & Co.
Advocates (Defendant's firm) must similarly confirm no prior relationship with Mina
Musana. Instructions cannot be accepted where a conflict exists: Rule 7, Advocates
(Professional Conduct) Regulations, S.I. 267-2.
2. Duty of candour to the court. Both firms owe an unconditional duty not to mislead
the court. If Plaintiff's counsel is instructed that the caveat is filed for delay rather
than on genuine grounds, that instruction cannot be complied with; it is an abuse
of process.
3. Confidentiality. Each firm must preserve client confidences. Information obtained
from one client must never be deployed against that client's interest or used to
benefit another.

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4. Undertakings. Any undertaking given by an advocate to the court — for example,
regarding the preservation of estate assets — is personally binding. An advocate
must not give an undertaking that cannot be honoured or that conflicts with the
client's intentions.
5. Administration pendente lite. Where an advocate applies for administration
pendente lite, the proposed administrator must be truly independent and must
not have a conflict of interest with the beneficiaries. Recommending a conflicted
nominee is itself a breach of professional duty.
6. Propriety of the caveat. A caveat must be lodged on genuine grounds. A caveator
who lodges a caveat purely to delay a legitimate petitioner, without any bona fide
objection, is in breach of professional conduct rules and may be liable in costs.

Rules 4, 7, 11 of the Advocates (Professional Conduct) Regulations, S.I. 267-2.

Bossa and Company Advocates v Nassanga Veronica (conduct of advocates in estate matters).

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PART II — KEY AUTHORITIES

A. Wills — Validity and Execution

1. Milnes v Foden (1890) 15 PD 105: Testamentary formalities.
2. Banks v Goodfellow (1961-73) All ER 47: Testamentary capacity — knows nature of act,
extent of property, persons with claims, and free of disorder of mind affecting those
matters.
3. Vaghella v Vaghella (1999) 2 EA 351: Proof of Wills.
4. Francis Sserwadda & Anor v Esther Priest Kawooya, HCCS 10/2021: Execution
requirements.
5. Administrator General v Norah Nakiyagga & Ors (1993) 3 KALR 1.
6. Sarah Nabaggala & Anor v Joyce Nakku & Anor (1993) 4 KALR 59: Challenging a Will.
7. Administrator General v Teddy Bukirwa & Anor (1992-93) HCB 192.
8. Rev James Kyomukama & Anor v Catherine Zaribwende & Anor, HCCS No. 1144/1997:
What a testator can and cannot bequeath.

B. Beneficiaries and Intestacy

1. Stella Maris Amabilis & Anor v Esther Nabusakala, HCCS No. 72/2007: Determining
beneficiaries.
2. Romano Salim Ogwang & Others v Sande Otaale, HCCS No. 20/2005: Beneficiary rights.
3. Male v Namanda (1982) HCB 140: Beneficiary rights.
4. Nalumansi Elizabeth v Jolly Kasande & Others, SCCA 10/2015: Separated spouse's rights.
5. Mboijana & 2 Others v James Mboijana, SCCA No. 3/2004: Polygamous succession.
6. Fausia Rwabaganda v Bahemurwabusha: Separated spouse.

C. Executors and Administrators — Nature of Office

1. Asiki Charles v Diana Ayume & 3 Ors, CACA 134/2021: Nature of the office of
executor/administrator.
2. Florence Ssali Nurdin v Charmas Charania & Anor, CACA No. 56/2008: Powers of executor.
3. Jonah Senteza Kanyerezi & Anor v Chief Registrar of Titles, HCMA No. 919/1997: Title
vested in personal representative.
4. Bossa and Company Advocates v Nassanga Veronica.
5. Silver Byaruhanga v Fr Emmanuel Ruvugwaho & Rudeja, SCCA 09/2014: Joint
administrators.

D. Caveats
1. Yunia Harriet Elon Gwokibulila Ssali v Godfrey Luyimbazi & 7 Ors, HCCS 0174/2021.
2. Hellen Okello v Akello Jennifer Ocan, HCCA No. 84/2019.
3. Hassifa Nassanga v Linda Precious Makula, HC Misc. Applic. No. 1382/2024.
4. Ajok Patricia v Jasmine Muwanguzi, HCCS 01/2023.
5. Mmere Rusoke & Anor v Estate of Rusoke, HCT-01-FDAC 22/2022.
6. Bamanyi James Macumu v Kimpwitu Joyce, HCCS 121/2022.
7. The estate of Baatakan Ayazika Yokusani Azimafesi Akuboota, Adm. Cause 80/2022.

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E. Administration Pendente Lite
1. Musinguzi Alwyn Garuga v Musinguzi Peace Kesiime & Others, HC MA 6166/2025.
2. Kyolaba Catherine & Anor v Angela Kagere Lubowa & Anor, HC MA 1014/2025.
3. Namuswe Milly & Ors v Adong Eunice & Ors, HCMA 4904/2025.
4. Ignatious William Kajubi & Anor v Canon Wanyama, Civil Appeal No. 26/2002.
5. Gulaale v Musumba & 2 Ors, Misc. Applic. 71/2022.

F. Extension of Validity / Renewal of Letters of Administration

1. Kakumba Bernard Tamale & 3 Ors v Wanyana Teo & 10 Ors, HCMA No. 0271/2025.
2. Re: An application for renewal of Letters of Administration in respect of estate of late
Ndabakwatsa John, HCT-05-FD-MA 0275/2024.

G. Extension of Time to File Inventory

1. Abubaker Sebalamu Ganya v Yasmin Nalwoga, SCCA 14/2017: Inventory filed out of time
without leave of court is illegal.
2. Re: Sharon Atwiine (deceased), HCT-05-FD-MA-0081/2023.
3. In the matter of the estate of Baija Jennifer, HCT-05-FD-MA-0071/2024.
4. Re: Mugume Stella Maris's application for extension of time, Adm. Cause No. 012/2024.

H. Probate Re-Sealing
1. Delahaije v Kasolo Robin Elis & Anor, High Court Adm. Cause 1558/2018, Justice Olive
Kazaarwe Mukwaya.
2. In the matter of the estate of late Erfana Muhlis (deceased), High Court Adm. Cause
0240/2025, Justice J. Bushara.

I. Burial Disputes
1. Nabukeera Jane v Ssenyonga Mike, CC Misc. Cause No. 09/2026.
2. Annette Yossa & 4 Ors v Ambassador Idule Amoko & Attorney General, HCMC 41/2023.
3. Adokorach Doreen v Kaunda & 5 Ors, HC Misc. Cause 09/2024.
4. Namusoke Annet Kiwanuka v Eva Amuge & Ors, HCMC 4/2023.
5. Nice Bitarabeho Kasango v Rose Kabise Eseza, HCMC 17/2021.
6. Jovia Matsiko v Emmanuel Wandera, HCMC 14/2021.

J. Trusts
1. Regal (Hastings) v Gulliver [1942] 1 All ER 378: Fiduciary duty — no profit from fiduciary
position.
2. Boardman v Phipps [1967] 2 All ER 187: Conflict of interest; account of profits.
3. GL Baker v Medway Building and Supplies Ltd [1958] 2 All ER 532: Tracing of trust assets.
4. Prince Mpuga-Rukidi v Prince Solomon Iguru & Anor, SCCA No. 18/1994: Trust obligations.

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5. Saul Kisirimbo Rumanda v Emmy Tumwine & 6 Ors, SCCA 19/2018: Mismanagement of
trust.
6. Herbert Kabagambe v Ben Kabagambe, HCCS 44/2011.
7. Moshe Mujogya & 3 Others v Smart Bwango & 2 Others, HCCS No. 037/2018.
8. Katende, Ssempebwa & Co. Advocates v Nabachwa Barbara & Anor, HC MA 072/2019.

ANTITHESIS.

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