CAN I STOP SOMEONE FROM GETTING COURT ORDERS TO MANAGE THE PROPERTY OF THE DECEASED ?.

Mubiru’s father had 7 wives and 42 children. While travelling to 3rd wife’s house for the weekend, he was involved in an accident and he passed away. He had always refused to make a will because he had ‘no plans’ to die any time soon. The trouble is that Mubiru has received information that one of the wives has decided to get court orders to manage all the property of Mubiru’s late father without telling anyone else. Mubiri wants to know if he should also run and get the court orders before her or if he can stop the process.

WHAT DOES THE LAW SAY?

The law says that if a person dies without leaving a will, the people supposed to benefit from this person’s property have to get a court order to deal with the property. (This court order is called letters of adminsitration).

By law, the first person entitled to apply for this court order is a spouse. However since there is more than one spouse in this case, it is necessary for all the spouses to agree on who should get the court orders or if they should all get the court order jointly. (the law allows this).

If one person decides to go behind the backs of other beneficiaries (those who are entitled to inherit), then the law allows the remaining beneficiaries to ask court to stop the process of giving out court orders until the disagreement is dealt with by the court. This is known as lodging a caveat.

Once this is resolved, then court will decide on whether to stop the process completely or to issue the court order to the selected beneficiaries jointly.

📷:Unsplash

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