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ABOUT US

The Administrator General’s office is a government Directorate under the Ministry of Justice and Constitutional Affairs that deals with Inheritance and Succession matters. It is established by the Administrator General’s Act Cap 157and under Statutory Instrument S.I -161.The it also doubles as office of the Public Trustee.

The Office of Administrator General is a corporation sole with perpetual succession and an official seal, capable of suing and being sued in all legal proceedings. However, the government represented by the Attorney General is still vicariously liable for all the Administrator General’s acts and/or omissions like any other Government.

The operation of the Directorate is governed by the following laws; The Constitution of Uganda 1995, The Administrator General’s Act Cap157, The Succession Act Cap162, Public Trustee Act Cap161, Administration of estates (Small Estates) Special Provisions Act (Cap156) as amended, Trustee Act (cap164), (Local Administration (Performance Of Functions) Statutory Instrument No.150 of 1967,[1] The Estates of Missing Persons (Management) Act Cap 159, and Administration of Estates of Persons of Unsound Mind Act Cap 155.

The Directorate is headed by the Administrator General who also doubles as a Public Trustee, The Administrator General is assisted by the Deputy Administrator General and other legal officers referred to as Assistant Administrator General.

In fulfillment of its tasks the Directorate is assisted by agents appointed by the Minister and others appointed by the Administrator General. Currently our agents include the Chief Administrative Officers (CAO) of designated districts and the Gombolola (Sub County) chiefs. In Kampala, we use the Division mayors.

The services of Directorate can also be assessed at our regional offices namely; Mbarara, Arua, Mbale, Gulu Moroto and now Fort portal office and soon at Soroti City regional office.

[1] The Power vested in the Lukiiko by Section 2 of the Land Succession Law to issue Certificates of Succession in respect of estates administered according to customs of succession in the Kingdom of Buganda prior to 18th August, 1967, shall be exercised by the Administrator General.

The mandate of the Directorate is to ensure that all estates of deceased persons, those of unsound mind and minors in Uganda are properly administered in accordance with the laws of Uganda governing Succession. In executing this mandate the Directorate carries out these duties;

a) Administration of estates;

The Directorate administers estates of deceased persons who die intestate (without leaving valid wills) or those where the deceased dies testate (leaves a Will) and appoints the Administrator General as executor or where the executors fail or decline to act and the circumstances warrant the Administrator General to do so or where he dies testate and appoints no executor at all.

 

b) Issuance of certificates of no objection;

The Directorate vets intending Administrators of estates and issues them with a clearance called a Certificate of No Objection allowing them to proceed to court and get letters of Administration.

 

c) Public Trustee Role

The Directorate is mandated to administer estates of persons of unsound mind and preservation and protection of estates of minors. In Uganda, the Public Trustee is established by an Act of Parliament that is Chapter 161 of the laws of Uganda. It is a corporation sole with capacity to sue and be sued.

 

Section 2 of the Public Trustee Act, appoints the Administrator General as the Public Trustee. The Administrator General acts as trustee for estates where there are minors and persons of unsound mind.

As a Public Trustee of deceased person’s estates, the Directorate has a responsibility to set trusts and investments for minors and persons of unsound mind.

 

The Administrator General also has to ensure that the welfare of minors and persons of unsound mind and their rights are well protected. In fulfillment of this mandate, usually applications for issuance of certificates of no objection in cases where there are minors and persons of unsound mind are vetted strictly to ensure they are granted to responsible persons.

 

d) Managing estates of missing persons

Under The Estates of Missing Persons (Management) Act Cap 159, a missing person is a person who disappears from Uganda without making provision for the administration of his or her estate and investigations have shown that his or her whereabouts are not known. According to s.20 of Cap 159 after a period of three years such a person is presumed dead). The Administrator General may under this Act be appointed as manager of his/her estate.

 

e) Management of succession registers:

Following the abolition of the Buganda Kingdom in 1966, the Administrator General was given power to control the succession registers formally operated by the Kabaka’s government.[1] These relate to persons who died in the early 1940s-1966 and had as a matter of requirement to register with the Kabaka’s government, their properties, and dependant relatives and how they wanted the same shared amongst their survivors upon their demise. The Directorate of Administrator General facilitates beneficiaries to access this land and the properties registered in this succession Register books after proper verification.

 

f) Collection of Non Tax Revenue;

The Directorate charges fees on estates. Such fees include shs. 2000 for Certificate of no objection, shs. 2000 for the file and Death Report Forms and the Administrator General’s 1% fee of the value of land upon distribution, among others. These fees are collected as non-tax revenue and deposited in the consolidated fund.

 

In carrying out the above duties the following activities are undertaken inter alia;

a) Instituting Legal proceedings in courts of law against intermeddlers, fraudulent administrators of deceased’s estates, unscrupulous relatives and others for the recovery of deceased’s properties from wrong hands.

The Directorate institutes suits against defaulting tenants, suits for recovery of the deceased’s debts, ownership of properties and most importantly suits against intermeddlers and fraudulent Administrators of deceased’s estates.

Section 11 of the Administrator General’s Act provides for the offence of intermeddling and how it arises.

 

S.11 (1)…….. When a person dies, whether within or without Uganda, leaving Property within Uganda, any person who, without being duly authorized by law or without the authority of the Administrator General or an agent, takes possession of, causes to be moved or otherwise intermeddles with any such property, except in so far as may be urgently necessary for the preservation of the property, or unlawfully refuses or neglects to deliver any such property to the Administrator General or his or her agent when called upon so to do, commits an offence;

 

 And any person taking any action in regard to any such property for the preservation of the property shall forthwith report particulars of the property and of the steps taken to the agent, and if that person fails so to report he or she commits an offence.

b) Distributing properties of deceased persons (including money) to the beneficiaries of their estates and thereafter winding up of estates. c) Managing the interests/shares/properties of minors and persons of unsound mind which come under the control of the Public Trustee. d) Handling arbitrations, reconciliation, counseling and legal education:

There is a lot of ignorance of the law of Succession and institutions governing inheritance on the part of the general public.  People think they have the right to intervene and manage the property of their deceased’s kin without any authorization from anyone.

 

The relatives believe that they are the right people to take over the estate because the children and the widow, like property are supposed to be distributed and looked after by the relatives.

There is also an old customary belief that once you were named heir you take over all the property of the deceased and it’s upon your discretion to distribute this property.

 

In all the above circumstances, it has been the role of the Directorate to educate counsel parties and resolve wrangles. Almost 70% of the Administrator General’s work involves some form of civic education, counseling, and mediation, among others. Family resolutions are fostered to prevent wrangles to property/land that would culminate into family disintegration. It is also a policy of the Directorate that all persons are equal before the law and as such rights of disadvantaged groups like widows and orphans are protected with zeal.

e) Winding up of estates.

Where the Administrator General is granted Letters of Administration, the administration of the estate should be concluded within a year from the date of the grant. After one year, except for exceptional circumstances where there are pending wrangles, we distribute properties amongst beneficiaries, execute transfers and file Final Accounts together with an affidavit in verification. We give 14 clear days’ notice to all interested persons to attend court for approval of the accounts. If the accounts are examined and passed, the estate is said to have been wound up in accordance with S.33 (2) of the Administration Cap 157 and the office is discharge of its duty as administrator of the estate.

 

The Administrator General can also be discharged by renouncing Letters of Administration in favor of a person agreed upon by the beneficiaries of the estate.(S. 195 Succession Act cap 162). He will be required to file an account on the status of the estate at the time and to grant a certificate of No. objection to the agreed upon person(s).

[1] Local Administration (Performance of Functions) Instrument, Statutory Instrument No.150 of 1967.

 

  • On receipt of a death report, open a file within one day, upon payment of shs. 2000 for a file and a form;
  • Resolve family wrangles and disputes expeditiously;
  • Administer estates of deceased persons, missing persons and persons of unsound mind in accordance with the succession laws;
  • Represent the Administrator General in courts of law, tribunals and other agencies;
  • Issue Certificates of No Objection to intending administrators (Identified from among the beneficiaries at family meetings held at the office of the Administrator General or his or her agents) within nineteen days of application.
  • Institute legal proceedings against intermeddlers and fraudulent administrators of deceased persons’ estates;
  • Manage estates of deceased persons, missing persons, properties of minors and people of unsound mind in in accordance with the Public Trustees Act Cap. 161;
  • Effect payments to beneficiaries within one week of receipt of the request; and
  • Issue land transfers to the appropriate beneficiaries within five days, upon payment of a fee of 1.5% of the value of the property.
  • On receipt of a death report, open a file within one day, upon payment of shs. 2000 for a file and a form;
  • Resolve family wrangles and disputes expeditiously;
  • Administer estates of deceased persons, missing persons and persons of unsound mind in accordance with the succession laws;
  • Represent the Administrator General in courts of law, tribunals and other agencies;
  • Issue Certificates of No Objection to intending administrators (Identified from among the beneficiaries at family meetings held at the office of the Administrator General or his or her agents) within nineteen days of application.
  • Institute legal proceedings against intermeddlers and fraudulent administrators of deceased persons’ estates;
  • Manage estates of deceased persons, missing persons, properties of minors and people of unsound mind in in accordance with the Public Trustees Act Cap. 161;
  • Effect payments to beneficiaries within one week of receipt of the request; and
  • Issue land transfers to the appropriate beneficiaries within five days, upon payment of a fee of 1.5% of the value of the property.

OUR LEADERSHIP

Mr. Kasibayo Charles

The Administrator General of Uganda

Obtaining Letters of Administration

How to obtain Letters of administration; (where a person died without leaving a will)
Who can petition for Letters of Administration?
Where should a petition for Letters of Administration be filed?
How to obtain a Grant of probate (Where a person died and left a will)
Who needs to apply for a grant of letters of administration?

Questions & answers


Who is an administrator general?

What is the role of the administrator general?

How can I get letters of administration in Uganda?

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