A widow outranks the heir on disposition of matrimonial property by will.
On the 3rd of July 2020, Justice Godfrey Namundi in his decision, Herbert Kolya (through his attorney Miriam Nambi) versus Ekiriya Mawemuko Kolya Civil Suit No. 150 of 2016 held that it was unlawful for the late Israel Kikomeko Kolya to bequeath the matrimonial property to his heir Herbert Kolya without his spouse’s permission and the same could not devolve to the son when the widow survived him.
The facts of this case were that, the Late Israel Kikomeko Kolya died testate in 1997. In April 2000, Ekiriya Mawemuko Kolya (widow) obtained letters of administration to the estate of the late Israel without annexing the will yet the late made a will on the 27th of January, 1997. In the will, the late bequeathed to the father of Herbert Kolya his home at Namirembe and the other properties given to the Kate Nabagala, Samali Gwedda and Sarah Nalukwago and to the other beneficiaries and the land at Butega was bequeathed to his children. The widow consoled the will and purported that the estate was small whereas not, and failed or refused to distribute the entire estate without justifiable cause and failed to make a full or true inventory