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Powers of Administater General

The Administrator General in Uganda, as outlined in the Administrator General’s Act and the Succession Act, holds powers to administer estates, issue certificates of no objection, and verify beneficiaries, particularly in cases of intestate succession. They can distribute estates among beneficiaries, provide legal advice, and arbitrate disputes, as exemplified in the case of Administrator General v Bukirwa. Additionally, the Administrator General can take legal action against fraudulent administrators and manage the interests of minors and individuals with mental incapacities.

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Sandra Namumbya
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271 views2 pages

Powers of Administater General

The Administrator General in Uganda, as outlined in the Administrator General’s Act and the Succession Act, holds powers to administer estates, issue certificates of no objection, and verify beneficiaries, particularly in cases of intestate succession. They can distribute estates among beneficiaries, provide legal advice, and arbitrate disputes, as exemplified in the case of Administrator General v Bukirwa. Additionally, the Administrator General can take legal action against fraudulent administrators and manage the interests of minors and individuals with mental incapacities.

Uploaded by

Sandra Namumbya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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POWERS OF THE ADMINISTRATOR GENERAL IN THE SUCCESSION ACT WITH

CASE LAW.
NORAH AND JOANITAH
Under the law of Uganda, the office of the Administrator General is provided for under
Section 2 of the Administrator General’s Act Cap 157 and under this Act, the Administrator
General’s office comes with powers to carry out certain duties like administering estates,
issue certificates of no Objection and also verify beneficiaries among other matters. However,
for the Administrator General to exercise these powers, they need the help of other laws
which include the Law on Succession in Uganda which is concerned with the devolution of a
person’s estate on death and it is mainly governed by the Succession Act Cap162 of Uganda
for this specific topic in question.
Black’s law dictionary defines succession as the acquisition of rights or property by
inheritance under the laws of descent and distribution. The powers of the Administrator
General are exercised under circumstances of intestate succession i.e. where the deceased
person did not leave a valid will1
so Administrator General comes in to administer the estates
on behalf of the deceased.
The Administrator General has powers to sign transfers for the beneficiaries of the deceased
person incases the estate is administered by the Administrator General and giving of letters of
administration. Section 201 of the Succession Act requires that in intestacy those connected
with the deceased by marriage or consanguinity are entitled to obtain letters of administration of
the estate.
Incase the estates are administered by the Administrator General, he or she has the powers to
distribute the contents of the estates of the deceased equally among the beneficiaries in
regards to the wishes of the testator according to the will. But when the deceased didn’t leave
a will he or she manages the deceased’ estate when disputes arise.
Giving of legal advice and arbitrating in succession matters to resolve conflicts for instance in
accordance to Section 31, the Administrator General also has the power to verify the
appointment of a customary heir of an intestate.
The Administrator General has powers to issue out the letter of no objection to the persons
concerned. In the case of Administrator General v Bukirwa, the deceased after six months
of sickness during which he was bedridden died on May 29 1991. He was survived by a
widow, children and some dependents. Later, the defendants . of the deceased who were the
sisters of the deceased and named as guardians in the will filed a petition for probate based on
an illegal will left by the deceased. Before the grant was made, the widow lodged a complaint
with the Administrator General who called a family meeting to sort out the matter but before
the matter was resolved, the defendants obtained probate. Its this grant that the Administrator
General challenged. The widow claimed that the deceased had not made a will. Court
observed that it was difficult to ascertain who was the appointed executor and so the estate
appeared to have been left at large to be managed by different people. Therefore, the only
solution was to go through the office of the Administrator General and obtain a certificate of
no objection. The fact that the conduct of the defendants was so poor, the court revoked the
grant of probate and court granted letters of Administration to the to the Administrator
General and also court redeemed Bukirwa to have died intestate.
The office of the Administrator general institutes legal proceedings in courts of law against
intermeddlers, fraudulent administrators of deceased’s estates, unscrupulous relatives and
others for the recovery of the deceased’s properties from wrong hands.
The Administrator General also has powers to manage the interests or properties of minors
and persons of unsound mind which comes under the control of the public Trustees in
accordance with the Public Trustee Act.

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