Parliament has passed into law The Succession (Amendment) Act 2021 that will allow separated spouses to claim right over property of the deceased’s assets, ending the colonial archaic law that barred the same.
The Chairperson Legal and Parliamentary Affairs Committee, Robina Rwakoojo while presenting the report informed Parliament Chairperson of the Committee that the current provision in the Succession Act is unfair since it does not allow a separated spouse to take the property that he or she acquired before separation and instead, disinherits the separated spouse without taking into account any contributions made by the other spouse prior to separation.
Currently, Section 30 bars a spouse of the intestate from taking an interest in the estate of an intestate if, at the time of death of the intestate, the spouse had separated from the intestate as a member of the same household.
The Section further empowers a spouse to, during the life or within 6 months after the death of spouse, make an application to court to disapply the provision on the surviving spouse.
While tabling The Succession Amendment Bill 2021, Attorney General, Kiwanuka Kiryowa informed the Legal Committee that Government was seeking to make amendments through clause 17 to empower the surviving spouse, if separated, to take a portion of the property that was acquired before separation; and empower the children of the intestate to benefit from the estate notwithstanding the disinheritance of their parent
While asking Parliament to approve the amendments, Rwakoojo said the old provision did not take into account or consider as material, the spouse at whose instance the separation occurred, arguing that separation may be factual, where a person abandons the other spouse, or constructive, where a spouse is forced, due to torture or the actions of the other spouse, to abandon the matrimonial home.
“Section 30, currently does not take into account constructive abandonment, thereby punishing the victim of the abandonment by preventing him or her from benefiting from the estate of the other spouse,” noted Rwakoojo.
She further added that the current provision in Section 30 is too broad and does not take into account the normal wear and tear of marriage wherein, parties may separate for a time to allow a cooling off of the issues causing separation.
When Deputy Speaker Anita Among put to question proposals in clause 17, MPs approved it which means that separated spouse will be allowed to inherit property he or she contributed to its acquisition and also allowing the children, arising from such a marriage to benefit, notwithstanding the separation of their parents.
“The provision also allows victims of gender based violence to have redress since it makes material, the person or circumstances under which a person separated from the intestate unlike currently, where such is immaterial,” said Rwakoojo.
It should be recalled that on 5th October 2021, Attorney General read for the first time The Succession Amendment Bill with the objective of aligning the Succession Act to Article 31 (Rights of the family), Article 32
(affirmative action in favour of marginalised groups) and Article 33 (Rights of women) of the Constitution of the Republic of Uganda.
Parliament repealed the use of “legitimate” and “illegitimate” used in the definition of the word “child” and “senior wife that create a distinction between children based on the
marital status of their parents.
Parliament also approved Clause 13 thus amending Section 26 of the principal Act criminalizing attempts to evict a beneficiary in occupation of the residential holding by imposing a 7year jail term or a fine of Shs3.360Million for anyone who attempts to commit such an offence.
Lawmakers also approved amend to Section 36 of the Act to require a married person or a person who has children to, while making a Will, reserve the principal residential property and any other residential property from being disposed of by a Will or can only do so after providing an alternative reasonable accommodation of the surviving spouse or children.
Sarah Opendi, Chairperson Uganda Parliamentary Association (UWOPA) welcomed the enactment of the law saying it will go along way towards solving historical injustices women and children have suffered in property sharing.
