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What are you entitled to after he dies?

Zawedde Lubwama Lukwago and Company Advocates where Zawedde is a partner, is a law firm that handles property, land, family matters, among other issues. Photo by Alex Esagala.

Zawedde Lubwama Lukwago, a partner with Zawedde Lubwama Lukwago and Company Advocates, tips women on how they can go about property sharing during divorce or after the death of a partner.

Why is property often a point of contention during divorce or after the death of a partner?
Property is wealth and usually the widow or widower hope to retain what is rightfully theirs or not get cheated during the division process of assets.

But it is also a vital theme of discussion because of the sudden interest relatives develop in the matter, especially after the death of “their person”. In the widow’s case, there are those who will even boldly tell her that everything was purchased by the man, and even take the children away from her. But that is not how things should be done.
How can such be avoided?
I would advise men to write wills when they are still alive so that it is easier for their wives to deal with matters such as property sharing after their death. Without that, society will always be cruel to widows.

There have been instances where women have come asking me for advise on how to secure the marital property a few days after the demise of their husbands.

Some people may throw daggers at such women for being materialistic at a time they should be mourning the loss of a partner. But I think such women should not be blamed because they might have suspected something fishy about to manifest and, therefore, preferred to take legal action immediately even if it is at the worst moment in time.

How does a woman find out whether her late husband left a will or not?
Usually after people have written a will, they leave it with reliable individuals such as lawyers or a trusted family friend capable of keeping such information a secret. Normally, the person entrusted with a will will come forward with the deceased’s wishes. But one way or another, a widow will always get to know whether the will exists or not.

Can a woman still seek legal action if she is not one of the beneficiaries in the will?
Yes, she can go to court and challenge the will. However, it is also important that she also presents evidence, for instance, of documents portraying joint ownership of property she shared with her late husband.
So does this mean you can only claim property co-owned if you’re not in the will? Don’t you have any other entitlements?
If one has properties they co-owned with their spouse before their death, one can produce evidence, probably revealing that the property was not supposed to be in the will because it was co-owned. With that, the law will rightfully accord what belongs to an individual. In terms of other entitlements, if the woman is married, she is entitled to 15 per cent of everything that was owned by the deceased.
How does the law treat a woman whose partner dies but she was not married to him and yet had his children?
The situation is often difficult for such women because the law sometimes, considers them as girlfriends and not entitled to his property even after death. It is probably the reason some women insist on marriage before moving in with a man. But such a woman can still go to court and challenge the matter, especially regarding what the children are entitled to.
Besides property, what are the other major issue couples normally tend to tackle during divorce?

That would be the custody of the children where a decree names the parent with whom the child(ren) will stay, who will provide financial support, and pay for their education, among other things.

In cases where court decides that the children stay with their mother and the man is allocated responsibility to maintain them, it has been discovered that men abuse these orders.

They usually provide support for a couple of months before eventually stopping. In such a case, the woman may either go back to court or police. These authorities can help remind him of his obligations to the family.

What are the children entitled to from their father irrespective of their parents relationship?
They are entitled to 75 per cent of the estate including houses and land, when there is no will.

Otherwise, a will specifics what each child is supposed to get.
Is the mother of a man’s children entitled to anything, by virtue of her bearing his children?

Not if she is not legally married to him, even if they have children with the man. This is in accordance to the law. You have to be married to be entitled to something. Short of that, the children are the only ones entitled to something.

Your parting words…
As much as property is an important aspect for couples, women should not be entirely focussed on that. They should instead be able to work and fend for themselves as well so that if scenarios such as not being listed as one of the beneficiaries in the will occur, they can still stand on their own. I urge all women to be independent.

But also women ought to know that they can also write wills, especially in cases where they have amassed their own wealth and feel that certain people should be the inheritors.

IMPORTANT TO KNOW
What are most women ignorant about in marriage?
Most women are unfamiliar with their rights, which ignorance most men exploit to mistreat them. Get some knowledge from experts such as lawyers who are well versed with such matters. Otherwise, it is important to understand that marriage is between two people and they may agree on certain things when it comes to property. For instance, discuss whether to have joint or separate property.