They Died Without a Will — What Happens to Their Land in Uganda?

When a loved one passes away without leaving a will, the question of who inherits their land can quickly turn from sorrow to stress. In Uganda, such cases are more common than you think — and many families find themselves in conflict simply because they don’t understand the legal process involved. So, what exactly happens to someone’s land when they die intestate (without a will)? And how do Letters of Administration come into play?

Let’s break it down.

🏠 What Is Intestate Succession?

When a person dies without a valid will, they are said to have died intestate. In Uganda, this triggers the Succession Act, which provides a legal framework for distributing the deceased’s estate — including land and other property — to their rightful heirs.

But here’s the catch: no one can legally take over or manage that land until they are granted Letters of Administration by the High Court.

📜 What Are Letters of Administration?

A Letter of Administration is a legal document issued by the High Court giving someone (usually a close relative) the authority to manage and distribute the estate of the deceased. This includes:

• Gaining access to the deceased’s land
• Settling any debts or obligations
• Distributing the land among lawful beneficiaries

Without this letter, you cannot legally sell, lease, transfer, or even occupy the deceased’s land — even if you are the child or spouse of the deceased.

👨‍👩‍👧‍👦 Who Can Apply?

The law allows close relatives of the deceased to apply, such as:

• A spouse
• Children (biological or legally adopted)
• Parents
• Siblings

More than one person can apply jointly. The court typically prefers consensus among the family or proof of consent from other beneficiaries.

📋 What’s the Process?

Here’s what typically happens:

1. Petition the High Court: You file a petition for Letters of Administration with supporting documents, including the death certificate, list of property, and proof of relationship.
2. Publish a Notice in a Newspaper: A mandatory notice runs for 14 days in a widely circulated newspaper to allow for objections.
3. Court Evaluation: If no objections are raised, the court reviews your application and, if satisfied, grants the Letter of Administration.
4. Estate Management: You’re now legally empowered to manage, distribute, or sell the land — but you must file an inventory with the court within 6 months and account for all actions taken.

🧾 How Is the Land Shared?

Once Letters of Administration are granted, the land is divided according to the Succession Act:

• Spouse(s) and children are given priority.
• If the deceased has no surviving spouse or children, the parents inherit next.
• If there are no parents, the estate may go to siblings or extended family.

The law aims to protect vulnerable dependents, especially minors and surviving spouses.

⚠️ What Happens If You Don’t Apply?

If no one steps forward to claim Letters of Administration:

• The land may become vulnerable to land grabbers or illegal occupants.
• Families may fall into conflict over inheritance.
• Banks and authorities will refuse to release or transfer property tied to the deceased.

✅ Final Thoughts

Death without a will doesn’t mean the end of ownership rights — but it does mean the beginning of a legal journey. For families to secure what’s rightfully theirs, applying for Letters of Administration is a necessary first step. It ensures that the deceased’s property is distributed fairly, lawfully, and with minimal disputes.

If you or your family have lost a loved one and are unsure how to proceed, consult a legal professional — or follow our upcoming guides here on Property Street.