Additional reporting by David Ijjo
In their series of reviewing laws, Uganda Law Reform Commission has kicked off the preliminary stages to streamline the Law regarding Trusts that will aim at settling Trustee related disputes.
According to ULRC, the pertinent questions to provide clarity on Trust Law concern whether or not the Trustees Incorporation Act, Public Trust Act and Succession Act should be consolidated for easy access to the law, whether or not there should be a uniform definition of trust, and the question of perpetual succession.
"People should differentiate between a will and a Trust. A will prescribes wishes whereas a trust concentrates on the management of the property," explained Mr Sam Kiriaghe, one of the consultants.
Lawyer Robert Kirunda, one of the consultants advises the Law Reform Commission to consider the law providing modalities of creating trust.
"The question of trust goes hand in hand with the legal framework." asserted Kirunda.
The Trust Law also intends to look into the powers of a trustee for instance whether or not the trustee should have powers to delegate and should be opened and widened to cover administration and discretionary powers.
Furthermore, the law will delve into revocation, modification and termination of Trust especially the role of the court in enforcing trust instruments and the trustees' obligations.
In response, legal bigwigs expressed several inputs to the law.
Prof. Bakibinga David Makerere University calls on the public to understand who the trust is in the management of the property.
"If there is a consolidation of the current scattered laws of trust with adequate definition, this will simply be the understanding of trust," said Prof. Bakibinga.
According to Bakibinga, there shouldn't be controversy on the determination of the method of appointment of a trustee, who is eligible to be a trustee, who appoints and so on because the powers to choose a trustee lie in the hands of who owns the property.
"The law should instead concentrate on making clear the powers given to the settler and the statutory powers and legislation should clarify circumstances under which Court may come in to arbitrate."
Sirajje Mukasa Katantazi, the CEO Uganda Muslim Lawyers Association implores the Law Reform Commission to involve clarification on the renunciation of trustees, creation of regulators, and barring the central bodies from intervening in the local community Trusts
