(4) A person who is ordinarily insane may make a will during an
interval in which he or she is of sound mind.
(5) No person can make a will while he or she is in such a state of
mind, whether arising from drunkenness or from illness or from any other
cause, that the person does not know what he or she is doing.
37.
Provision for the maintenance of dependents to be made in every
will.
Notwithstanding section 36, where a person, by his or her will, disposes of
all his or her property without making reasonable provision for the
maintenance of his or her dependent relatives, section 38 shall apply.
38.
Power of the court to order payment out of the estate of the
deceased for maintenance of dependents.
(1) Where a person dies domiciled in Uganda leaving a dependent
relative, then, if the court, on application by or on behalf of the dependent
relative of the deceased, is of opinion that the disposition of the deceased’s
estate effected by his or her will is not such as to make reasonable provision
for the maintenance of that dependent relative, the court may order that such
reasonable provision as the court thinks fit shall, subject to such conditions
or restrictions, if any, as the court may impose, be made out of the deceased’s
estate for the maintenance of that dependent relative.
(2) The provision for maintenance to be made by an order under
subsection (1) shall—
(a) subject to subsection (3), be, where the deceased’s estate
produces an income, by way of periodical payments; and the
order shall provide for their termination not later than—
(i) in the case of a wife or husband, her or his remarriage;
(ii) in the case of a daughter who has not been married, or who
is, by reason of some mental or physical disability,
incapable of maintaining herself, her marriage or the
cessation of her disability, whichever is the later;
(iii) in the case of an infant son or a son who is, by reason of
some mental or physical disability, incapable of
maintaining himself, his attaining the age of twenty-one or
the cessation of his disability, whichever is the later;
(iv) in the case of other dependent relative, his or her attaining
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