(4) Where the deceased’s personal representative pays any sum directed by an
order under this section to be paid out of the deceased’s net estate, he shall be
under any liability by reason of that estate not being sufficient to make the
payment, unless, at the time of making the payment, he has reasonable cause to
believe that the estate is not sufficient.”
47A. (1) On the death of a father of an infant where no guardian has been
appointed by the will of the father of the infant or if the guardian appointed by the
will of the father is dead or refuses to act, the following persons shall, in order of
priority specified hereunder, be the guardian or guardians of the infant child of
deceased, that to say,
(a) The father or mother of the deceased;
(b) If the father and mother of the deceased are dead, the brothers and sisters of
the deceased; or
(c) If the brothers and sisters of the deceased are dead, the brothers and sisters of
the deceased’s father; or
(d) If the brothers and sisters of the deceased’s father are dead, the mother’s
brothers;
(e) If there are no mother’s brothers, the mother’s father.
(2) If there is no person willing or entitled to be a guardian under paragraphs (a)
to (e) of subsection (1) of this section, the court may, on the application of any
person interested in the welfare of the infant, appoint a guardian.
47B. Any court, other than a court presided over by a magistrate grade III, may, if
it is satisfied that it is for the welfare of the infant,
(a) Remove from his office any testamentary guardian or any guardian appointed
or acting by virtue of section 47A of this Act;
(b) Appoint another guardian in place of the guardian so removed;
(c) Vary the order of priority specified under section 47A of this Act.
47C. (1) Every guardian acting by virtue of section 47A or appointed under
section 47B of this Act, shall, subject to the provisions of the law relating to
trusts, have all such powers over the estate and the person of an infant as a
testamentary guardian has under the law for the time being in force in Uganda.
(2) Any guardian acting by virtue of section 47A or appointed under section 47B
of this Act shall act jointly with the mother of the infant, unless the court
otherwise directs.”
(h) By inserting immediately after section 49 thereof, the following new section,
49A. A testator may, at his discretion, adopt for use the form of the will set out in
Schedule 4 to this Act.”
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