Land is a valuable asset and its value is always appreciating from time to time. Whereas everyone’s dream is to own land, the notion of land ownership has sparked conflicts amongst family members particularly land belonging to the intestate (a person who dies without a will). In such scenarios, disagreements arise among the relatives of the deceased concerning the division and distribution of land. These have disorganized families’ and limited real estate transactions due to the various interests on the land.
In order to resolve the persistent conflicts on the estate of the intestate, the president, His. Ex.Y.K. Museveni assented the Succession Amendment Act, 2022. The act provides for the protection of the principal residential property for the benefit of the surviving spouse and lineal descendants and revises the percentages of distribution of the estate of an intestate.
Section 27 provides a detailed criterion for the distribution of the property of the intestate amongst the relatives.
The law prohibits selling land/property of the deceased without the consent of the surviving spouse, lineal descendants or dependent relatives of the deceased person otherwise, the sale of such property is considered null or void. This is an offence liable to a fine not exceeding 3.36m or imprisonment not exceeding seven years or both.
The amendment is highly appreciated and welcomed by the real estate sector players, as it is a strategy to solve the existing disputes and conflicts, which have been emerging quiet often when purchasing land for the intestate. This implies that the land availed to the market and any other land transactions will be free from any encumbrances, a substantive and logical review that will stimulate the real estate sector investments for the government, developers, cooperatives, unions and individuals.
1) The Succession (Amendment) Act, 2022