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ESTATES OF MISSING PERSONS (MANAGEMENT) ACT.

ARRANGEMENT OF SECTIONS.

   Section

   1.   Interpretation.

   2.   Management of the estate of a missing person.

   3.   Jurisdiction to make a grant.

   4.   Form of application.

   5.   Duty of court on receiving application for a grant.

   6.   Objection.

   7.   Grant of an order.

   8.   Power of manager in respect of estate.

   9.   Intermeddling with property of the missing person.

   10.   Remaining partner to furnish sworn statement.

   11.   Power to call for sworn statement as to wages due to the estate of the missing person.

   12.   Insurance policies.

   13.   Appointment of agents, etc.

   14.   Function of the Administrator General.

   15.   Managers to furnish inventory and annual accounts.

   16.   Deposit of documents for safe custody.

   17.   Receipt from manager or his or her agent.

   18.   Professional advice.

   19.   Reappearance of the missing person.

   20.   Presumption of death of the missing person.

   21.   Death of the missing person.

   22.   Actions against the manager.

   23.   Power to apply to court for directions.

   24.   Appointment of manager by the court.

   25.   Regulations.

   26.   Application of Act.

CHAPTER 159
ESTATES OF MISSING PERSONS (MANAGEMENT) ACT.

Commencement: 1 October, 1973.

   An Act to make provision for the management of estates of missing persons and for other purposes connected therewith.

1.   Interpretation.

   (1) In this Act, unless the context otherwise requires—

   (a)   "Administrator General" includes a deputy and assistant administrator general;

   (b)   "dependent relative" includes—

      (i)   a wife, a husband, a son or daughter under 18 years of age or daughter of or above 18 years of age who is wholly or substantially dependent on the missing person;

      (ii)   a parent, a brother or sister, a grandparent or grandchild who, on the date when a missing person disappeared, was wholly or substantially dependent on the missing person for the provision of the ordinary necessaries of life suitable to a person of his or her station;

   (c)   "family" includes a parent, grandparent, uncle, first cousin, child, grandchild, wife or husband of a missing person;

   (d)   "manager" means any person to whom an order to manage an estate of a missing person is granted under this Act;

   (e)   "Minister" means the Minister to whom functions under this Act are assigned;

   (f)   "missing person" means 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;

   (g)   "order" means an order for the management of an estate of a missing person granted under section 7;

   (h)   "prescribed" means prescribed by regulations made under this Act;

   (i)   "property" includes immovable and movable property, any estate, share, interest in any property immovable or movable, any debt, thing in action and any other right or interest whether in possession or not.

   (2) For the purpose of this Act, an order for the management of an estate of a missing person shall not be granted to any person under the age of 21 years.

2.   Management of the estate of a missing person.

   (1) Where a person, in this Act referred to as a "missing person", disappears without making provision for the administration of his or her estate, or the maintenance of his or her dependent relatives, if any, and is not heard of within six months, any relative of the missing person may, with the concurrence of the family of the missing person, apply to the court to be granted an order to manage his or her estate; but the court may, if it considers it necessary or desirable, grant an order to more than one relative to manage the estate jointly.

   (2) Any person authorised in writing by the missing person to manage his or her estate during his or her absence may, in like manner, apply for the grant of an order before he or she assumes the office of the manager.

   (3) Where the person authorised under subsection (2) holds registered powers of attorney, that person may assume the office of manager without first applying to the court for an order, and thereafter he or she shall manage the estate in accordance with this Act.

   (4) Notwithstanding subsection (6), the relatives of the missing person may, with the concurrence of the family of the missing person, appoint the Administrator General to manage the estate of the missing person.

   (5) Where the relatives of the missing person, after consultation with the family of the missing person, are of the opinion that the estate of the missing person would be best administered by a person with expert knowledge of management, they may apply to the court and the court may grant an order to that person to manage the estate.

   (6) Where, after a period of 12 months next following the date of the disappearance of the missing person, no relative of the missing person applies for a grant, the Administrator General may, if it is in the public interest so to do, apply for an order to manage the estate.

3.   Jurisdiction to make a grant.

   (1) Jurisdiction to make grant orders under this Act shall be exercised by—

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