32. (1) Upon the appointment of a customary heir of an intestate, such heir shall give
or cause to be given notice of his appointment in the form set out in Schedule 3 to this
Act to the personal representative and to the Administrator-General.
(2) All signatures on the notice shall be attested by any one of the following,
(i)
Any agent appointed by the minister under the provisions of the
Administrator-General’s Act;
(ii)
A justice of the peace;
(iii)
An advocate;
(iv)
A notary public;
(v)
A bank manager;
(vi)
A minister of religion authorized to celebrate marriages within Uganda;
(vii) A medical practitioner;
(viii) Any other person authorized in that behalf by the minister by statutory order;
(3) If no notice has been received by the personal representative or by the
Administrator-General within one year from the date of death of the intestate, the
personal representative shall proceed to distribute the estate of the intestate on the
basis that there is no customary heir.
33. (1) If, under the provisions of sections 27 to 32 inclusive of this Act, there is no
person existing or reasonably ascertainable entitled to take any part of the property of
an intestate such part or the whole, as the case may be, shall belong to the state.
(2) If, at any time after such property or part thereof has been made over to the State,
a person entitled to take it as his share pursuant to the provisions of section 28 of this
Act is ascertained, it shall be lawful for the Minister to return that property or the
proceeds thereof to such person in such manner as he may think fit.
34. Where a share in the property of an intestate is due to a child or any lineal
descendant of a child of such intestate, no money or other property which such
intestate may, during his life, have paid, given or settled to, or for the advancement
of, the child to whom or to whose descendant such share is due shall be taken into
account in estimating such share.”
(e) By inserting immediately after section 46 thereof, the following,
46A. Notwithstanding the provisions of section 46 of this Act, where a person, by his
will, disposes of all his property without making reasonable provision for the
maintenance of his dependent relatives, the following provisions of section 46B shall
apply.
46B. (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 will, is not
such as to make reasonable provision for the maintenance of that dependent relative,