Succession Law Amendments Curb Administrators Excesses – Counsel Elasu Reveals

By Steven Enatu

 

SOROTI CITY

 

In an exclusive interview with Counsel Edmund Elasu, legal officer at Land and Equity Movement Uganda (LEMU), the public has been cautioned on the serious legal implications surrounding the amended Succession Act, particularly the expiry of letters of administration.

 

According to Elasu, the law amended in May 2022 introduced major reforms aimed at curbing abuse of estates, especially land, by administrators who previously managed such properties indefinitely and without regular accountability.

 

“Caretakers are entrusted to manage property for the benefit of beneficiaries, not themselves. And land is not just a garden—it includes houses, trees, and anything that sits on that land,” Elasu clarified.

 

A public notice issued recently stated that all letters of administration issued before 31st May 2022 have expired. Elasu says this means that individuals who continue to operate on such authority are now doing so illegally.

 

Previously, once letters of administration were issued, one could use them perpetually. But the amendment under Section 337 now gives such letters a lifespan of three years. This change was introduced to curb misuse, especially where administrators ignored the interests of rightful heirs and used estate property for personal gain.

 

“Some would rent out property, sell trees, or even take out bank loans using land under their care without informing or benefiting the actual heirs,” Elasu revealed.

 

Elasu warned that continuing to operate under expired letters of administration amounts to intermeddling, a criminal offense under Ugandan succession law.

 

“The consequences are serious up to 10 years in jail, or a fine of 10,000 currency points (about UGX 200 million), or both,” he warned.

 

Affected persons have two clear legal pathways:

 

Apply for fresh letters of administration; or

 

Renew the expired ones through a formal court process.

 

In cases where the original administrator has since passed away, families are encouraged to appoint new administrators to legally take over management of the estate.

 

Elasu highlighted four key changes under the amended Succession Act:

 

Expiry Periods Introduced – All letters of administration or probate now expire after three years and must be renewed.

 

Offenses for Misuse – Clear penalties for administrators who misuse estate assets without beneficiary consent.

 

Consent Requirement – Administrators must now seek written consent from adult beneficiaries for major actions like mortgaging or selling estate land.

 

Protection for Widows – Widows no longer need clan meetings or letters of no objection to apply for letters of administration. Proof of marriage is sufficient.

 

“This provision was aimed at protecting widows, especially from cultural practices that have historically denied them land rights,” Elasu explained.

 

The interview also explored the difference between testate and intestate succession.

 

Testate succession occurs when a person dies with a valid will. Their representatives are granted letters of probate.

 

Intestate succession occurs when someone dies without a will. In such cases, family members and clan leaders select administrators, who are then granted letters of administration.

 

The court of application depends on property value:

 

Property worth UGX 20–49 million is handled by the Magistrate’s Court.

 

Property worth UGX 50 million and above goes to the High Court.

 

“This is not just a legal matter; it is an issue of justice and responsibility,” Elasu emphasized. “Property left behind should support widows, orphans, and all rightful heirs not be a source of conflict or selfish gain.”

 

He called for more public education, warning that many people still operate land and property under expired or invalid documents, unaware of the serious legal and financial risks.