How to recover money or property owed by a deceased person in Uganda?

Thursday, April 4, 2024

Summary:

  • Learn how to navigate legal procedures to recover debts owed by deceased individuals, including identifying their estate administrator, determining the existence of a will, and obtaining garnishment orders to seize assets.

In Uganda, navigating the legal complexities of recovering money or property from a deceased individual can be challenging. However, understanding the legal procedures can help you reclaim what is rightfully yours. While it may seem daunting to pursue legal action against a deceased person, it is indeed possible through the proper channels.

Firstly, it’s essential to acknowledge that you cannot directly sue a deceased person. Once someone has passed away, they cannot be held liable in court. However, you can take legal action against their estate, which is managed by their administrator or executor.

The key is to determine whether the deceased left a will. A will is a legal document outlining how the individual’s assets should be distributed upon their death. If a will exists, the executor is responsible for carrying out the deceased’s wishes, including settling any outstanding debts. In this scenario, you can file a claim against the estate to recover the money owed to you.

If the deceased died intestate, meaning they did not leave a will, the process becomes more complicated. In such cases, you must identify the administrator of the estate, typically a close family member or appointed individual. You can then initiate legal proceedings against the estate to recover your debt.

One option available is to obtain a garnishment order. This allows you to seize assets from the deceased’s estate, such as bank accounts, property, or other valuable possessions, to satisfy the debt. However, obtaining a garnishment order requires navigating the legal system and obtaining court approval.

Additionally, it’s crucial to conduct thorough research to locate assets belonging to the deceased. This may involve searching for property titles, bank accounts, or any other valuable assets that can be liquidated to settle the debt. If necessary, seeking legal counsel can help guide you through the process and ensure your rights are protected.

While the prospect of pursuing legal action against a deceased person may seem daunting, it is possible to recover debts owed to you through proper legal channels. By understanding the procedures involved and seeking appropriate legal advice, you can navigate the complexities of estate law and reclaim what is rightfully yours.

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Busiinge Aggrey
By Busiinge Aggrey Examiner Journalist
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Business Aggrey" is a 23-year-old Ugandan journalist and Editor-in-Chief at The Black Examiner newspaper
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