Is your Will to protect your estate ready in case you get Covid-19?
By Abdallah Sekibembe
If there is anything that this Covid-19 period must be teaching us, it is the preparation and arrangement of our affairs in case of demise. It is also a common reminder of our mortality and fact that death is a possibility at any time.
Inspite of the above, there appears to be consistent laxity towards estate planning and preparation of wills in the African setting which explains the many family fights and misunderstandings that emerge in case of death.
Many people often find this conversation rather uncomfortable while others think of will preparation as a form of lifespan reduction. Whereas the former is understandable, the latter is not true.
The survival of most establishments and trusts in the western world is founded on the proper estate planning and will writing among other reasons despite the death of the founders. Common examples include; Gillette, the Steve P. Jobs Trust (Apple), the Cecil Rhodes Trust among others.
The same may not be said for most African establishments which have suffered collapse upon death of their founders.
Simply defined, a ‘will’ means a written instrument legally executed by which a person makes disposition of his or her estate to take effect after his or her death. In other words, it is a declaration expressing someone’s wishes regarding how their estate should be administered and their affairs conducted.
A will only takes effect in case of death of the ‘testator’ (person who writes the will) and can be amended or replaced through a ‘codicil’ or subsequent testamentary disposition (will) respectively.
In Uganda today, roughly three out every ten persons have managed to prepare wills. This suggests that the majority number have not yet attempted to explore or undertake this option. For others that have done so, their wills have been written and prepared in difficult situations, that is; in times of sickness. This not only puts the validity of the said wills in question but also leaves their property vulnerable and susceptible to potential abuse and exploitation.
The global Covid-19 pandemic has made the situation harder in that it has claimed a good number of lives. The involuntary failure to control its spread also leaves many lives exposed and hence may not be spared.
The Uganda Constitution under Article 26 provides for the right to own property and not to be deprived of the same. In order to protect this, a property owner has a duty to ensure that their interest is protected even after their death.
Through a will, one minimizes any possible cases of their property being neglected, wasted and abused. This is seen as an effective way of protecting the interests of the testator and those of his or her beneficiaries.
It is encouraged that a will should be written at the earliest opportunity with a clear mind and with no expectation of death. There must also be an intention to prepare the same (Animus testandi).
As already mentioned, the existing family wrangles and property misappropriation in most Ugandan households today is mainly attributed to poor estate planning and intestate death, this has been felt most during this Covid-19 period. To avoid this, ensure your property is registered in your names and then properly dispose the same through a valid testamentary disposition.
The writer is young lawyer with an all-round interest in all fields of law.
