Family Law II Group 12 - Discussion on the powers of the administrator general PDF

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Discussion on the powers of the administrator general...

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Family Law II GROUP 12 POWERS OF THE ADMINISTRATOR GENERAL [MAALI & VV] Osborn’s concise law dictionary defines an administrator as a person appointed to manage the property of another or to manage the affairs, business and property of a company. Section 1 of the administrator general’s act affirms that an administrator general includes a deputy and assistant Administrator general. Section 2(1) recognizes the appointment of the Person of the administrator General, deputy or assistant subject to any written law relating to the appointment of persons to the public service. Section 2(2) establishes the position of an administrator general to be a corporation sole by the name of the Administrator General of Uganda with perpetual succession and an official seal and he or she shall sue or be sued in all legal proceedings by that name and it shall be necessary to state and to prove the Administrator Generals authority and title in specific estate to which the proceedings may relate but not his or her general authority or appointment Therefore, the administrator general or deputy or an assistant is mandated by section 2(3) to appear in court, either in person or by counsel, in any proceedings to which the Administrator general is a party. The powers of an administrator general are stipulated in different Statutes to wit; the Administrator generals act being the major statute, the Public Trustee Act and the Succession Act and those powers are being discussed in detail hereunder; Section 4 confers the administrator general with powers to receive reports of all deaths in Uganda and outside Uganda. The administrator general may apply to court for letters of administration of the estate of the deceased person in accordance with section 4(3) where upon receiving a report of such death, if it appears that; a) The deceased has left a will appointing the Administrator General as a sole executor b) That the deceased having made a will devising or bequeathing his or her estate or any part of it as omitted to appoint an executor

c) That the person or persons named as executor or executors in the will have predeceased the testator or renounced probate of the will. d) That probate or letters of administration have not been obtained within two months from the death of the testator or that; e) The person died intestate. Furthermore, section4 (5) confers to the administrator general powers to call in and revoke any grant of probate or letters of administration previously made by the court. Powers to administer or take possession of the property Case:………………………………………………………………………………………………………………………….

Power to sale. Case:………………………………………………………………………………………………………………………. In line with section 5(3), the administrator general is conferred powers to call upon the applicant of either probate or letters of administration as he or she may reasonably require in order to oppose or consent to the grant being made. Section 13(1) also vests to the administrator general with powers to call for sworn statement as to wages due to the deceased The section asserts that, if the Administrator General has reason to believe or to suspect that there is due and owing by any person firm or company to the deceased, whose estate he or she is administering, Amy salary, wages, remuneration or commission he or she may call upon the person, firm or company by notice in writing to furnish within a period to be stated in the notice.

Furthermore, section 16 gives the Administrator General Powers to dispose of property. Subject to any wishes, which may be expressed by the next of kin of the deceased, dispose of the property of an estate under his or her administration either wholly or in part and either by public auction or private treaty as he or she in his or her discretion may deem to be best interest of the estate. According to section 19, the Administrator General is being conferred powers to relocate the unclaimed balance into the consolidated fund. Case:…………………………………………………………………………………………………………………………

Section 21 gives the Administrator General Powers to incur expenditure.

Case;……………………………………………………………………………………………………….. Section 23 confers the administrator general powers to charge ordinary profit costs and credit them to the consolidated fund. Power to pay a person holding the grant the balance of the estate after payment of proved debts and funeral and administration expenses without seeing to the application of that balance and without incurring any liability in regard to the payment. Section 27 gives the administrator general powers to pay the share of a minor to such a person on behalf of a minor. Case:……………………………………………………………………………………………………………

Section 30(5) confers to the Administrator General Powers to decide finally and without appeal all disputes and questions which may arise in the course of the administration by him or her under section 4.

Section 31 vests to the Administrator General Powers to administer oath. Case:……………………………………………………………………………………………………………………

The Administrator General also holds power to file interim account in accordance with section 34 as is provided in section 33 after giving notice. He or she can therefore pass interim accounts prior to the completion of the administration....