LEGAL MEMORANDUM TO: MR MOHMED MBABAZI FROM: KAGERE YUSUF RE: LEGALIZING PROBATE GRANTED IN A FOREIGN COUNTRY.

The objective of this opinion in regard to the above mentioned reference is to resolve issues on; a) How to legalize probate granted in a foreign country in Uganda. b) The forum, procedure and documents required. c) Fees payable And the following laws will quoted for that purpose. 1. The probate (Resealing) Act Cap 160 2. The probate (Resealing) Rules SI 160-1 Issue 1 Resealing of Probates and letters of administration granted outside Uganda. S.2 of the Act states that, where a probate or letters of administration have been granted in a Commonwealth foreign country, in respect of the estate of a deceased person, such probate or letters so granted may, be sealed with the High Court seal and shall be of the like force and effect in Uganda as if granted by that court. However, for the High Court to seal such probate or letters of administration, Section 3 of the Act puts conditions before sealing such probate, which include; a) Payment of the probate duty (as defined under Section 1 of the Act) b) In case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in Uganda to which the letters of administration relate. Who has the capacity to make the application for resealing probate or letters of administration?

Rule 2 of the probate (Resealing) Rules gives powers to such a person to whom the grant was made or the attorney of that person, either in person or by Advocate. Issue 2 Forum According to Section 2 of the Act and Rule 3 of the probate (Resealing) Rules, such an application is made to the Chief Registrar of the High Court of Uganda at Kampala. Procedure: Rule 3 of the probate (Resealing) Rules provides that the application is made by lodging with the Chief Registrar of the High Court at Kampala by presenting the following; a) The grant required to be sealed, including a copy of any will relating to grant if any or certified copy of the grant. b) Certificate as to payment of probate duty c) If the applicant is acting under a power of attorney, the instrument creating the power. The Registrar may also require under Rule 4 to advertise the application and to support the application by an oath. After sealing the grant, the registrar under Rule 6 makes an endorsement order on the grant and signs on the same on that particular date. The Sealed grant after payment of all the necessary fees under Rule 5 is then returned to the applicant or his or her advocate. Documents: a) b) c) d) The probate Copy of will if any Powers of Attorney (If the applicant is acting under a power of attorney) Certificate as to payment of probate duty

Issue 3 Fees according to Rule 5 have to be paid and include;

a) Application fees b) Probate duty