_________________
OPINION
By Pamela Ankunda
I dropped out of law school in my second year, with my former boss, PPS Alex Kakooza, frantically advising me to keep in school while I worked. I should have listened. I would have read and revised the Succession Act of 2022 as my life depended on it. But I digress. Dear Reader, write that Will. I reckon the words of Henrietta Newton Martin-that “A will can save one's family from being put into a quagmire pit of legal conundrum, in case of death.” That’s my story.
I hope my family understands why I wrote this piece. See, my siblings and I have just come out of a long, tedious and unnecessary court battle where one of our siblings-the 2nd born took the entire family, including our uncles, to court. Not just court; he singled me out-writing to the President and to different agencies with strange allegations, including accusations of forgery of my mother’s will. Section 326 of the Penal Code Act (PCA) Cap 128 would have decided my fate.
In the course of this, the PPS/H.E instructed the legal department to investigate; I was invited by State House Land Division, State House Anti-Corruption Unit, State House Legal Department, CID Kabale (over 5 times), and numerous other offices-including a local NGO to explain myself. The NGO had, without any investigations, written to the RDC and to the police, accusing me of the same. On all occasions, I was armed with faith, conviction, my mother’s original and translated copies of the will and the soul of a fighter. I apologise that their time was wasted on baseless allegations, and now that the court has pronounced itself, I can look up to the skies and smile. The NGO formally apologised to me later.
In the meantime, my brother had filed over 10 cases; same plaintiff, same suit lands, same defendants, same allegations, and same prayers, all in one court, each disguised as fresh suits. The end finally came-at a cost.
Before I proceed, I need to speak to parents. Parents, pray for a spirit of discernment. Pray that your children preserve and protect your legacy. Understand that there is no substitute for estate planning, which is the one everlasting gift you give your family.
List your assets, the children or beneficiaries, and name someone you trust well enough to manage your estate. If in your life as a parent you have seen one of your own become a problem child, protect his or her siblings from future fights by identifying boundaries. Don’t be afraid to tell the inconvenient truth in that will: unpaid debts, children you sired outside marriage, land that never belonged to you, squatters, anything. Your own sibling/child can turn against your interest. If you failed to be a peacemaker while you lived, work towards being a peacemaker in death.
See, Mummy was not as educated, but she wrote that will, had it witnessed and more than 30 years after her death, it is that piece of document that has saved the 6 of us from one of us who had petitioned court to have the will nullified, be declared Administrator, have my siblings and I evicted from all property, pay damages and costs, among others.
But On 14th July, 2026, Justice Kaloli Lwanga Semogerere made the ruling. He upheld mummy's Will. All other cases had been dismissed. I'm unable to write back to each of the offices to share the written judgments, unable to explain my brother's intentions, unable to take back the pain I felt at being accused by my older brother, but time heals.
I walked out of the online ruling with Victory-for 5 of my siblings, for my extended family, but most importantly, for the beautiful soul of my mother- Winfred Tirwomwe- bless her! The relief and joy restored a dignity I had seemingly lost. That’s why we didn’t appeal the costs given to my brother for letters of Administration wrongly awarded by the court in 2012. The Upheld Will was victory enough!
The closure to this is the start of my personal recovery from depression, from the endless journeys to Kabale, legal costs, the death of a beloved brother in between and the anguish of a burden we could not bear. I suffered bits of a mental breakdown, shut my world down and asked myself: is this worth it? For mom, and for dad, it was.
The legal regime governing the management of estates of deceased persons is basically the Succession Act Cap 268, Administrator General's Act, Public Trustees Act Cap 267, Probate (Resealing) Act Cap 266, Estates of Missing Persons (Management) Act Cap 265 and many more other laws to mention but a few.
Management of estates of deceased persons can be by the Administrator General, executors, or private administrators (who can be natural persons or corporations). Under section 4(5) (b) of the Administrator General Act, the Administrator General can take over and manage an estate even without letters of Administration under summary administration.
Estate management generally involves prime pieces of real estate and other property, and considering the fact that such property is held in trust by the deceased person's personal representatives, it is strictly regulated by law to ensure accountability and transparency to avoid fraud, intermeddling, misappropriation, damage and loss to estate property.
These laws generally provide for the procedure to be followed in processing death certificates, reporting the death of the deceased person, applying for letters of administration and probate, offences, and penalties.
So, if you are reading this, write that WILL. A good man leaves an inheritance for their children and children’s children: Proverbs 13:22.
It wasn’t raining when Noah built the ark. If you can, explore the possibility of setting up a family trust. Use a family lawyer. Whatever you do, plan for the future NOW. Children, don’t divide your family estate. Stay true to yourself.
With her estate planning, mummy left us the greatest gift that my brother wanted destroyed. I will seek peace with him. As for you, write that will.
The writer is Press Secretary to the Vice President