Land Transactions in Administration of Estates

Ministry of Lands, Housing and Urban Development has issued a directive outlining new requirements for land transactions involving executors and administrators of estates.        

On October 26, 2022, the Ministry of Lands, Housing and Urban Development, through its Senior Registrar of Titles, Robert Kizza Kankaka, issued a directive to the general public that outlines new requirements necessary for transactions involving the administrators or executors of estates of deceased persons.

The directive requires that all persons undertaking transactions involving administrators and executors should present the following documents to the Lands Office:
(a) Certified copies of the letters of administration.
(b) Certificate of No Objection or a will certified by the Court.
(c) A certified copy of the inventory filed in Court.
(d) Petition filed in Court at the time of obtaining letters of administration or probate indicating all beneficiaries dully certified.
(e) Consent of the family members or beneficiaries authorizing the administrators or executors to effect any transaction for instance transfers, letters of administration or probate, subdivisions, etc.

The new requirements are premised on the Amendment to the Succession Act under the Succession (Amendment) Act, 2022 which protects beneficiaries and protects the property of the deceased from being wrongly administered.

The amendment Act, amended section 270 of the Succession Act, to introduce a requirement for the consent of spouses and lineal descendants prior to the disposal of estate property by administrators. It is to be noted that the rationale of the new requirements is to curb fraud committed by administrators or executors who make transactions for the supposed benefit of beneficiaries without consent or knowledge.

This is therefore to advise our esteemed clients that these new procedural requirements should be complied with when executing all transactions on land involving administrators or executors of estates.

 

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Disclaimer

No information contained in this alert should be construed as legal advice from ALP East Africa or ALP Advocates or the individual authors, nor is it intended to be a substitute for legal counsel on any subject matter.

For additional information in relation to this alert, please contact the following:

  • Fiona Latigi Lamaro

Associate, Regulatory & Compliance Department

flatigi@alp-ea.com