Demanding inheritance early

I am a 25‑year‑old man from Mwanza. I sought employment after graduation but found none. This has made me question my decision to pursue a degree rather than focus on business. My parents own several farms and houses and I want my share of the inheritance now because I plan to start a business. After all, I am the only child, and everything will eventually be mine anyway. Can I force them to give me my portion while they are alive?

JO, Mwanza

Employment is difficult to obtain these days, and many youths have resorted to self-employment, including starting their own businesses. Your decision to start your own business is good, however, you cannot force your parents to give you your inheritance. When it comes to inheritance, the governing framework is the Probate and Administration of Estates Act, Cap. 352 [R.E 2023] and related succession laws depending on the religion and custom of the individual concerned.

Under succession law, succession rights arise only upon the death of the property owner. However, this may not always be the case. Parents may gift or transfer property during their lifetime, but such transfers are entirely voluntary and are legally recognised as gifts inter vivos. Inheritance is not a debt owed to you while your parents are alive. Attempting to compel them could constitute harassment, which may sever your relationship and has no legal basis.

If you want early access to your inheritance, the lawful path is through a gift deed or a transfer agreement executed voluntarily by your parents. Here, a good conversation about your plans to start a business with your parents can pave the way for them to assist you with gaining part of their property. Otherwise, you must wait until succession proceedings after their passing. Consult a lawyer for further guidance.