There has been a prevalent practice of men bestowing matrimonial property to their heirs in their Wills without the consent of their spouses. The High Court’s Family Division on 3rd July, 2020 outlawed this practice. See: https://www.monitor.co.ug/News/National/No-property-heirs-spouse-consent-court-rules-Kolya/688334-5588152-13x8214z/index.html for more details.
The judgment stems from a conflict between Herbert Kolya and his grandmother (Ekiriya Kolya) over a portion of land that his father (the late Lukanga Kolya) bequeathed to him.
The said land had been bequeathed to the late Lukanga Kolya by his father (the late Israel Kolya), in his Will; which Ms. Ekiriya had opposed since the property consisted of their matrimonial home that she had greatly contributed to during construction.
Court found that the contested property did amount to matrimonial property. That the home of the couple amounts to matrimonial property; and that Court recognises each spouse’s contribution to the acquisition of property, be it direct (monetary), or indirect (non monetary/domestic services).
Court also noted that the deceased exalted the heir above his widow in the Will, and ruled that such cultural practices deny the widow her proprietary rights, and are discriminatory in nature; and contravene the Constitution that prohibits customs, cultures and traditions against the dignity, interest or welfare of women.
The deceased was held by Court to have died intestate since his Will was defective; and that as a surviving spouse, Ms. Ekiriya was the most appropriate person to apply for letters of administration.
What are your opinions on this matter?
There has been a prevalent practice of men bestowing matrimonial property to their heirs in their Wills without the consent of their spouses. The High Court’s Family Division on 3rd July, 2020 outlawed this practice. See: https://www.monitor.co.ug/News/National/No-property-heirs-spouse-consent-court-rules-Kolya/688334-5588152-13x8214z/index.html for more details.
The judgment stems from a conflict between Herbert Kolya and his grandmother (Ekiriya Kolya) over a portion of land that his father (the late Lukanga Kolya) bequeathed to him.
The said land had been bequeathed to the late Lukanga Kolya by his father (the late Israel Kolya), in his Will; which Ms. Ekiriya had opposed since the property consisted of their matrimonial home that she had greatly contributed to during construction.
Court found that the contested property did amount to matrimonial property. That the home of the couple amounts to matrimonial property; and that Court recognises each spouse’s contribution to the acquisition of property, be it direct (monetary), or indirect (non monetary/domestic services).
Court also noted that the deceased exalted the heir above his widow in the Will, and ruled that such cultural practices deny the widow her proprietary rights, and are discriminatory in nature; and contravene the Constitution that prohibits customs, cultures and traditions against the dignity, interest or welfare of women.
The deceased was held by Court to have died intestate since his Will was defective; and that as a surviving spouse, Ms. Ekiriya was the most appropriate person to apply for letters of administration.
What are your opinions on this matter?
