Drafting a Will That Withstands Legal Challenges in Uganda

Many Ugandans believe that simply writing down their wishes for asset distribution after death is sufficient, but legal experts emphasize that a poorly drafted will can lead to prolonged and costly family feuds.

A common issue is the requirement for witnesses. A will must be signed by the testator (the person making the will) in the presence of at least two witnesses, who then also sign the document in the testator’s presence. Failure to adhere to this legal formality can render the will invalid.

“If a will is not properly witnessed, it is very likely to be challenged in court,” explains city lawyer, Mr. Richard O. Akol. He further notes that overlooking certain dependants, particularly in polygamous families, is another frequent cause of contention. The law often makes provisions for dependants, and excluding them without clear justification can invite legal battles.

Lawyers also advise against vagueness in asset descriptions and beneficiary identification. Ambiguous language can lead to misinterpretations and disputes over who is entitled to what. It’s crucial to clearly identify both the assets and the individuals or entities who will inherit them.

Furthermore, ensuring the testator has the mental capacity to make a will at the time of signing is vital. Any doubt about the testator’s soundness of mind can be grounds for a legal challenge.

To create a ‘fight-proof’ will, legal practitioners recommend seeking professional assistance from a lawyer. They can guide individuals through the legal requirements, ensure clarity in the document, and help anticipate potential challenges, thereby safeguarding the testator’s wishes and minimizing future conflict among heirs.

Source: https://www.monitor.co.ug/uganda/magazines/life/is-your-will-fight-proof-what-lawyers-say-you-should-get-right-5630590