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Over 5,000 apply to inherit family property per year - govt

Pius Perry Biribonwoha, the Deputy Solicitor General, speaks during the 14th annual Pro Bono Day organised by the Uganda Law Society in Kampala on September 1, 2023. PHOTO/MICHAEL KAKUMIRIZI

What you need to know:

  • A Will is a legal document that sets forth someone’s wishes regarding the distribution of their property and the care of any minor children.

The office of the Administrator General has revealed that on average, they receive at least 5,000 applications intended to process family inheritances every year.

This is as a result of the heads of the families dying without leaving behind a Will, legally known as dying intestate.

“We receive 5,000 applications every year in processing inheritances. A total of 2,000 applications experience family conflicts of the 5,000, and around 90 percent die intestate (they die without leaving a Will),” Mr Charles Kasibayo, the administrator general said on Friday during the 14th annual Pro Bono Day organised by the Uganda Law Society (ULS).

Mr Kasibayo went on to applaud the lawyers for choosing the topic of how to successfully write a Will by the citizens.

He reasoned that succession is an area that affects very many Ugandans, especially in the area of land.

The Pro Bono Day was held under the theme, ‘Understanding succession processes as a means to protect property rights and end family conflicts.’

Mr Bernard Oundo, the ULS president, commended fellow lawyers for sparing time to offer free legal advice to citizens who can’t afford their private services.

“The reason we focused on the succession scheme is because of the high cases of land and succession conflicts. Every time there is a family dispute, there is a land dispute. This is why we have decided to teach people how to write Wills,” said Mr Oundo.

A Will is a legal document that sets forth someone’s wishes regarding the distribution of their property and the care of any minor children.

The main celebrations were held at Railway grounds in Kampala with the chief walker being Mr Pius Berry Biribonwoha, the Deputy Solicitor General.

The celebrations were also concurrently held in different districts around the country such as Masindi, Kabarole, Gulu, Arua, Jinja and Soroti.

Mr Martin Asingwire, the vice president of ULS and president of the Legal Aid Project, said that as of June, 2,300 advocates had registered to offer pro bono services to society.

Mr Joost Van Ettro, the ambassador of the Netherlands, appreciated the subject matter of helping the poor in society. “Let us continue to champion the cause of proponent services, recognising them as a beacon of hope that guides us towards a more just and equitable society,” Mr Ettro said.

Uganda does not have a national legal aid policy in place that benefits indigenous citizens who can’t hire the expensive services of private lawyers.

But Parliament is in the process of enacting the National Legal Aid Bill, 2022.

In order to roll out the legal aid law, government needs at least Shs47.6b annually.
The core objective of the law is to regulate the provision of legal aid services by legal aid service providers in Uganda, make provision for the grant of legal aid services to marginalised and vulnerable citizens in a bid to access justice.

According to the Hiil Report 2016, 80 percent of Ugandans cannot afford services of a lawyer and yet Article 28 (3) (e) provides for the right to fair hearing in courts of law.

A person cannot have a fair hearing without a right to legal representation.
Article 21 and 28 provides for equality before the law and fair and speedy hearing.

Legal aid is a basis to promoting social justice to those who are disadvantaged in society, which in turn, contributes to good governance.

Under the pro bono regulations, pro bono services require each advocate to give free of charge legal services of 40 hours in a calendar year to an indigent person.

In doing so, the given advocate earns two Continuous Legal Education points out of the 20 that are needed for one to be eligible to have their practicing license renewed annually.

The other points are earned through attending of trainings and attending the annual law conference.