Inheritance: Culture stands in way of West Nile widows

Sep 04, 2023

The amended Succession Act 2022 ensures the sharing of property where a surviving spouse gets 20 per cent

Arua High Court Deputy Registrar, Loe Karungi, speaks to one of the pro bono service seekers. Photo by Edna Piyic

Edna Piyic
Journalist @New Vision

Despite the succession law in place, the residents of West Nile continue to dwell on the negative cultural norms and practices.

The move is keeping many women in the region without property after their husbands pass on.  

According to Arua High Court Circuit deputy registrar Loe Karungi, most families in West Nile front their relatives to get letters of administration leaving out the widows.

“After someone dies, a meeting is convened to ascertain the person who should get the letters of administration to the estate or properties,” she says. However, in these meetings and final requests for the letters of administration, the widows are nowhere.

Karungi says the amended Succession Act 2022 ensures the sharing of property where a surviving spouse gets 20 per cent, dependent relatives four per cent, children 75 per cent and the customary heir gets one per cent.

She made the remarks during the 14th Annual Pro Bono Day commemoration at the OPM grounds in Arua on Friday, September 1.

However, Karungi also warned people, who get letters of administration, against owning a greater percentage of the properties.

“Those that are given the mandate to get the letters of administration think they are more deserving. Some even go to the level of owning more percentages of the estate, leaving the rest with less," she said.

According to Karungi, boy children are given preferential treatment compared to girls in sharing property which is wrong because every deceased child deserves an equal share of property.

Prepare wills in advance

Jimmy Madira, a lawyer, said most families in the region are conflicted over ownership of land properties.

He said families should ensure that they write wills to curb cases of conflict after the passing of a loved one.

“Please organise yourselves before God calls you, to reduce any chances of conflicts in your families," he said.

10 years seeking letters

Widow Susan Tiko Ofuta said she has been seeking letters of administration from the courts of law for over 10 years in vain.

“My stepmother had the letters of administration and before her death, she was the one collecting the rent and she left it in the hands of the son. So, all my nieces and nephews are not benefitting in any way apart from the ones from my stepmother,” she said.

She is seeking help so that every member of her family can benefit, especially her nieces and nephews.

Inadequate funding

Inadequate funding is limiting pro bono services at Arua High Court Circuit following the expulsion of a major funder, the Democratic Governance Facility (DGF), from Uganda.

Most pro bono services that were carried out by the DGF have remained nonfunctional despite other organisations, such as the Danish Refugee Council and the International Rescue Committee helping out.

According to the legal officer of the Uganda Law Society, Denis Atine, the funding has limited pro bono services, especially for those who cannot afford lawyers.

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