Land Transactions in Administration 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.

Download this Legal Alert as a PDF file here

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

Related Posts

Book Appointment

Email us for legal service

Mediation Services

The ALP Conflict Resolution Hub Mediation Service provides the most advanced global rules intended to assist parties and mediators to take maximum advantage of the flexible procedures available in mediation for the resolution of disputes quickly and economically.
The Mediation Service guides parties that opt for Dispute Management Clauses in their project contracts wherein the parties to the contract can jointly appoint a mediator to work together, in a more collaborative and mutually beneficial environment and oversee that their contracts proceed smoothly.

Arbitration Services

The ALP Conflict Resolution Hub Arbitration Service is based on the most efficient Arbitration Rules which help the parties and arbitrator to use the best available global practice for the resolution of domestic and international disputes quickly and economically by way of administered arbitration on global standards.
Additionally, the Arbitration Service provides for the appointment of emergency arbitrators, which allows the parties in need of emergency interim reliefs to make such applications even before the constitution of the regular arbitral tribunal.

Conciliation Services

The ALP Conflict Resolution Hub Conciliation Service provides an impartial, fast and effective conciliation operating to a uniformly high standard in both the public and private sector.
Participation in the Conciliation Service processes is voluntary, and so are the outcomes.Solutions are reached only by consensus whether by negotiation and agreements facilitated between the parties themselves or by the parties agreeing to settlement terms proposed by the Hub Conciliation Officer who treats as confidential all information received during the course of conciliation and the service is informal and non-legalistic in practice.

Ombudsman Services

The ALP Conflict Resolution Hub Ombudsman Service is a confidential, impartial and informal service that facilitates the resolution of disputes. A Hub Ombudsman helps parties analyze problems and assists in identifying options and can, only if requested, become involved in trying to resolve issues.
What’s more, the Hub Ombudsman Service alert managements to systemic trends and issues and makes recommendations for necessary changes in their fields.