ADMINISTRATOR GENERAL'S ACT.


ADMINISTRATOR GENERAL'S ACT.

 

ARRANGEMENT OF SECTIONS.

   Section

 

   1.   Interpretation.

 

   2.   Administrator General.

 

   3.   Limitation on liability of Administrator General and agents for acts done in performance of duties.

 

   4.   Death to be reported to Administrator General, who may apply for grant of letters of administration.

 

   5.   Notice of application for letters of administration to be given to Administrator General.

 

   6.   Notice of application for letters of administration to be given by Administrator General.

 

   7.   Grant to Administrator General may be revoked and grant made to other person.

 

   8.   Administrator General not precluded from applying for grant within one month of death of deceased.

 

   9.   Court may grant certificate where value of estate does not exceed shs. 2,000.

 

   10.   Administrator General to transmit accounts to Minister.

 

   11.   Intermeddling with property of deceased.

 

   12.   Surviving partner to furnish sworn statement.

 

   13.   Power to call for sworn statement as to wages due to deceased.

 

   14.   Agent may take possession to protect property.

 

   15.   Death of agent of person not residing in Uganda.

 

   16.   Power to dispose of property.

 

   17.   Administrator General to make inventory and keep accounts.

 

   18.   Notice to creditors and claimants; distribution of estate.

 

   19.   Unclaimed balance.

 

   20.   Fees and expenses.

 

   21.   Power to incur expenditure.

 

   22.   Actions against Administrator General.

 

   23.   Right of Administrator General to costs.

 

   24.   Property existing in neighbouring territories.

 

   25.   Payments to executor, etc. in country of domicile.

 

   26.   Assets received from outside Uganda.

 

   27.   Court may appoint persons to receive minor's share.

 

   28.   Court may order partition of immovable property.

 

   29.   No security or oath required from Administrator General.

 

   30.   Power to apply to court for directions.

 

   31.   Power to administer oath.

 

   32.   False evidence.

 

   33.   Accounts to be filed in court.

 

   34.   Power to file interim account.

 

   35.   Liability of Government.

 

   36.   Succession Act not to supersede rights of Administrator General.

 

   37.   Disposal of insignificant balances.

 

   38.   Power to make rules.

 

   39.   Application of Act.

 

   40.   Transfer of balance of enemy estates to custodian of enemy property.

 

 

 

CHAPTER 157
ADMINISTRATOR GENERAL'S ACT.

 

Commencement: 15 August, 1933.

   An Act relating to the administration by the Administrator General of estates of deceased persons.

 

1.   Interpretation.

   In this Act, unless there is anything repugnant in the subject or context—

 

(a)   "Administrator General" includes a deputy and an assistant Administrator General;

 

(b)   "agent" means an agent of the Administrator General, duly appointed under section 2(4);

 

(c)   "assets" or "property" means all property movable and immovable of a deceased person which is chargeable with and applicable to the payment of the deceased person's debts and legacies or available for distribution among his or her heirs and next of kin and includes books, papers and documents;

 

(d)   "court" means the High Court, or any court subordinate to it to which jurisdiction has, or hereafter may have, been given;

 

(e)   "immovable property" includes land, incorporeal tenements and things attached to the earth or permanently fastened to anything which is attached to the earth;

 

(f)   "letters of administration" includes any letters of administration, whether general or with a copy of the will annexed or limited in time or otherwise, and also includes probate in favour of the Administrator General;

 

(g)   "movable property" means property of every description except immovable property;

 

(h)   "next of kin" includes a widower or widow of a deceased person, or any other person, who by law would be entitled to letters of administration in preference to a creditor or legatee of the deceased;

 

(i)   "taxing officer" means the registrar of the High Court or an officer duly appointed to act for the registrar.

 

2.   Administrator General.

(1) Subject to any written law relating to the appointment of persons to the public service, there shall be appointed an Administrator General and such deputy and assistant administrators general as may be necessary for the purposes of this Act.

(2) The Administrator General shall be a corporation sole by the name of the Administrator General of Uganda with perpetual succession and an official seal; and in all proceedings under this Act and in all legal proceedings he or she shall sue and be sued by that name, and it shall be necessary to state and to prove the Administrator General's authority and title in the specific estate to which the proceedings may relate, but not his or her general authority or appointment.

(3) The Administrator General or a deputy or an assistant Administrator General or an agent shall be entitled to appear in court, either in person or by counsel, in any proceedings to which the Administrator General is a party.

(4) The Minister may appoint any person in the public service or any chief of the rank of gombolola chief or of an equivalent or a higher rank to be the agent of the Administrator General in any area of Uganda; but the Administrator General may appoint any person, whether eligible to be appointed by the Minister under this subsection or not, as the Administrator General shall think fit to be his or her agent in respect of any particular estate or in respect of any matter arising out of any particular estate.

(5) The Administrator General may, at his or her discretion, delegate to an agent any or all of the powers and duties conferred or imposed upon him or her by this Act but, in default of any directions by the Administrator General to the contrary, every agent appointed by the Minister may, in the administration of estates of persons dying intestate and leaving property within his or her area which does not appear to exceed 2,000 shillings in gross value, exercise all the summary powers of the Administrator General under this Act.

(6) An agent shall in all respects act under the direction of the Administrator General who shall not be answerable for any act or omission on the part of the agent which is not in conformity with the power or duty delegated by the Administrator General or which shall not have happened by the Administrator General's own fault or neglect.

(7) An agent, other than an agent appointed by the Minister, shall find security to the satisfaction of the Administrator General for the performance of his or her duties and may be remunerated either by salary or such fees as the Minister may from time to time prescribe.

 

3.   Limitation on liability of Administrator General and agents for acts done in performance of duties.

(1) Neither the Administrator General nor any of his or her agents shall be personally liable to any person in respect of goods or chattels in the possession at the time of his or her death of any person whose estate is administered by the Administrator General or any of his or her agents which are sold by the Administrator General or the agents unless the Administrator General or agent knows or has actual notice before the sale that the goods or chattels were not in fact the property of the person whose estate he or she is administering, and generally neither the Administrator General nor any agent shall be liable for any act he or she does bona fide in the supposed and the intended performance of his or her duties unless it is shown that the act was done not only illegally but wilfully or with gross negligence.

(2) In case of any sale by the Administrator General or any agent of goods or chattels belonging in fact to any third person, the amount realised by the sale shall be paid over to the owner upon proof by the owner of such ownership unless the same has already been applied in payment of the debts of the deceased or has been distributed in the ordinary course of administration while the Administrator General or agent was in ignorance and without actual notice of the claim of such person to the goods or chattels sold.

 

4.   Death to be reported to Administrator General, who may apply for grant of letters of administration.

(1) When a person dies in Uganda, the agent of the area in which the death occurs shall, upon receiving notice of the death or upon the death coming to his or her knowledge, forthwith institute inquiries to ascertain whether the deceased left any, and if so what, property in Uganda and shall report the death with full particulars as to property, as far as ascertainable, to the Administrator General.

(2) When a person dies elsewhere than in Uganda leaving property within Uganda, the agent of the area in which the property is situate shall, upon receiving notice of the death or upon the death coming to his or her knowledge, forthwith report the death with full particulars of the property to the Administrator General.

(3) Upon receiving such report or upon such death coming to his or her knowledge, if it appears to the Administrator General—

 

(a)   that the deceased has left a will appointing the Administrator General as sole executor;

 

(b)   that the deceased having made a will devising or bequeathing his or her estate or any part of it has omitted to appoint an executor;

 

(c)   that the person or persons named as executor or executors in the will have predeceased the testator or renounced probate of the will;

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