CHAPTER 352 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections AG of O n Section Title sios rm i part i t p e PRELIMINARY PROVISIONS ou ithw 1. Short title and application. d te 2. Interpretation. u str ib di part ii r d o JURISDICTION IN PROBATE AND ADMINISTRATucI eON OF ESTATES d 3. Jurisdiction of High Court in probate and adminisrterpa rtoion. 4. Jurisdiction of High Court to re-seal certain gra bnet s. 5. Jurisdiction of District Delegates. may 6. Jurisdiction of district courts. ok o 7. Consular officers. is b h 8. Powers under this Act may be exerfc t o ised in chambers. 9. Probate Rules. art o p d. N ve part iii PROTECTIsOe rN OF ESTATES PENDING GRANT AND E r tsX EeCUTORS OF THEIR OWN WRONG h 10. Receiver penl dri g l ing grant. 11. Sale by oiar.d Aer of court. 12. Applizcaa ntion of rules relating to receivers. 13. Penaan T lty for contempt. f 14. t on No suit against receiver. 1m5en . Receiver’s lien. er ov 16. Executors of their own wrong. 5 G 17. Liability of executor of his own wrong. 2 ©20 part iv RENUNCIATION BY EXECUTORS 18. Express renunciation of right to probate. 19. Citation and constructive renunciation. 20. Effect of renunciation. 565 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] part v GRANT OF PROBATE AND LETTERS OF ADMINISTRATION BY THE COURT A. General Provisions 21. Trust corporations. . 22. Number of executors and administrators. AG 23. Minors and persons of unsound mind. of O ion B. Probate issm 24. Grant of probate. er t p 25. Probate of copy, draft or contents of written wills and of contents of oral wihlols u. t 26. Codicil propounded after probate. d w i 27. Authenticated copy of will proved abroad. te 28. Effect of probate. trib u s r d i C. Letters of Administration with the Will Anneedx oed c 29. Failure of executors. od u 30. Attorney of absent executor. pr re 31. Attorney of person entitled to letters of adminis tbreation. y 32. Codicil propounded after letters of administmraa tion granted. ok D. Letters of Adminiss tbr oation on Intestacy i 33. Letters of administration on intestaf ctho y. 34. Attorney of person entitled to aadrt p ministration. o E. Letters odf. NAdministration for Special Purposes e 35. Until will produced. ervs 36. During minority. ts re 37. During unsounghdness of mind. 38. Pendente liAtell ri . . 39. Collecatnio ian and preservation of property. 40. Suiatns.z 41. oTf rTust property. t en rnm F. Grants with Exception ov e 42. Grants with exception. G 25 43. Grants of excepted part. 20© G. Effect of Grant of Letters of Administration 44. Effect of grant of letters of administration. 566 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] H. Death of Executors and Administrators and Effluxion of Time of Limited Grants 45. Death of one of several personal representatives. 46. Death of sole or surviving personal representative. 47. Effluxion of time of limited grants. . OAG f part vi n o REVOCATION AND ALTERATION OF GRANTS AND REMOVAL io iss OF EXECUTORS AND ADMINISTRATORS rm pe 48. Rectification of errors. ut o 49. Revocation of grants and removal of executors. ith w 50. Payments by or to representatives whose grants are revoked. d ute 51. Surrender of revoked grants. trib di s r part vii ed o PRACTICE AND PROCEDURE IN GRANTIdNuGc PROBATE AND LETTERS OF ADMINISTRATIOproN OTHER THAN OF SMALL ESTAbeT rEe S 52. Procedure in Court. ay m 53. Application to High Court or District Deoloekgate. 54. District Delegate to stay proceedings b in Certain cases. f th iasnd report to High Court 55. Petition for probate and letters aort o p f administration annexed with will. 56. Petition for letters of admi nNios tration. 57. Verification of petition. d. ve 58. Caveats against graenst e or f probate or administration. 59. Proceedings subtsse rquent to caveat. h 60. Order to proll dr iugce testamentary papers. 61. Court maa.y A examine petitioner, require further evidence and issue citations. 62. Time bneiza fore which grant not to be made. 63. G Trann t of probate and administration. 64. t oR f efusal of letters of administration. n 6m5e. Directions to executor or administrator. ve rn66. Oath. Go 5 67. Administration bond. 20 2 68. Assignment of administration bond. © 69. Deposit of original wills. 70. Conclusiveness of probate and letters of administration. 71. Grantee alone to act as representative. 72. Appeals and revision. 567 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] PART VIII A. PRACTICE AND PROCEDURE IN APPOINTING, AND REVOKING THE APPOINTMENT OF, ADMINISTRATORS OF SMALL ESTATES 73. Application of Part VIII. G. 74. Selection of administrator. A f O 75. Administrator-General’s administration and appointment of officer n o of court or impartial person. siois 76. Appointments to be under seal. erm 77. Security for due administration. t p ou 78. Wills. th wi 79. Appointment may be for whole estate or specified assets. ted 80. Effect of appointment. trib u 81. Unclaimed assets. is r d 82. Revocation of appointment. ed o 83. Appeals to High Court. ucd 84. District courts to make returns to High Court. ro rep 85. Restriction on grant of probate or letters of adm bine istration of small estates. 86. Validity of appointments in respect of estates aeym xceeding ten thousand shillings. 87. Administration of estates under one thou k oosand shillings. s bi B. ADMINISTRAToIf OthN OF SMALL ESTATES t 88. Law applicable to member of sppa recific tribe estates. 89. Wills of members of tribe. No 90. Omitted. ed . rv 91. Omitted. res e hts ll r ig part ix EaS. ATATES ADMINISTERED IN ACCORDANCE WITH i za n CUSTOMARY LAW, CUSTOM AND ISLAMIC LAW n 92. C Taa f ses in which Act applies to estates administered in accordance o nt with customary law and custom. n9m3 e. Effect of directions of High Court on orders made by primary courts. r ov e 5 G part x 20 2 RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION © 94. Interpretation. 95. Sealing of probates and letters of administration granted outside Tanzania. 96. Conditions to be fulfilled before sealing. 97. Security. 98. Duplicates and copies. 568 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] part xi POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS 99. Character and property of executor or administrator as such. 100. Powers in respect of causes of action and debts. 101. Power to dispose of property, etc.. G. A 102. Expenditure on care and management. O of 103. Executor or administrator not to derive benefit from office. ion 104. Powers of several executors or administrators exercisable by one. issm 105. Powers of special personal representatives. pe r t 106. Provision for funeral. ou 107. Inventory and accounts. with d 108. General duties of administration. ute 109. Order of payment of debts. rib ist 110. Debts to be paid before legacies. r d o 111. Abatement of general legacies and equality of legacies. d uc e 112. Abatement of specific legacies. rod 113. Right to demonstrative legacy. repe y b part xii a m LEGACIES AND k oAoNNUITIES b 114. Assent necessary to complete legate s teh’s i title. f 115. Assent to specific legacy. rt o 116. Assent of executor to own leog apcay. 117. Effect of executor’s assen N ed t.. 118. Commencement of aenrnvuities when no time fixed by will. 119. Payment of annuit rie ss when time fixed. s 120. General proviisgiho tns as to annuities. 121. Investmen At liln r securities authorised by Probate Rules. 122. Continngiean. t bequests. 123. Diraenc ztaions of testator as to investment. 124. Mf To inors entitled to immediate payment or possession. 125e. n t Produce of legacies. m e1rn26. Interest on general legacies. ovG 127. Interest on annuities. 5 2 128. Residue to be paid to residuary legatee. 20© 129. Transfer of assets from Tanzania to executor or administrator in country of domicile. 569 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] part xiii REFUNDING OF LEGACIES 130. Refund of legacy paid under court order. 131. No refund if paid voluntarily. 132. Refund when legacy becomes due on performance with further time allowed. G. A 133. When legatees compellable to refund in proportion. of O 134. Distribution of assets. ion 135. When creditor may call upon legatee to refund. issm 136. Legatee’s rights to require other legatees to refund. er t p 137. Refunding to be without interest. tho u i d wpart xiv ute DEVASTATION tribis 138. Liability for misapplication. or d 139. Liability for neglect. ce d u rod part xv e r ep ADMINISTRATION OF WAKyF b PROPERTY a 140. Interpretation. m oo k 141. Wakfs to be valid and effective. s b 142. Constitution of Wakf Commissionf. th i 143. Wakf Commission to be body caortr oporate with common seal. 144. Meetings and quorum. o p 145. Register of wakf property .a Ned nd trustees. 146. Wakf Commission mears yv hold inquiry and take over administration of wakfs. 147. Trustees of wakfss mr eay be called upon to produce evidence of proper administrationig ho tf their trusts. 148. Certain coAnltl r racts or agreements relating to wakf property must be sanctioniae.n d by Wakf Commission. 149. Titlensz ato wakf property shall not be acquired by prescription or af dTv aerse possession after commencement of this part. 150. o nt How wakf property to be administered. 1n5m1 e. Wakf Commission may dispose of wakf property in certain circumstances. er ov 152. Permission requisite to build Mosques or to establish cemeteries. 5 G 153. Fees. 022 154. Accounts and audit. © 155. Banking accounts. 156. Rent Restriction Act not to apply to wakf properties. 157. Penalties. 158. Regulations. 570 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] part xvi ISLAMIC ESTATES (BENEVOLENT PAYMENTS) 159. Discretion of district officer to make payments. part xvii G. MISCELLANEOUS PROVISIONS OA of 160. Provisions applied to administrator with will annexed. n sio 161. Depository of wills of living persons. is rm 162. Affidavits in case of trust corporations. e t p 163. Validity of testamentary dispositions and rights to maintenance preserved. u tho 164. Omitted. d w i 165. Certain Acts disapplied. uteb 166. Savings. i ist r 167. Transitional provisions. d or 168. Saving of powers of Administrator-General and Public Truesduc tee. pro d SCHEDULES re y b e a k m bo o thi s f art o No p d. e se rv ts re h ll r ig a. A an i nz f T a nt o me ve rn o 5 G2 ©20 571 CHAPTER 352 THE PROBATE AND ADMINISTRATION OF ESTATES ACT . An Act to provide for the grant of probates of wills and letters of AG administration to the estates of deceased persons, to make certain of O n provisions with regard to the powers and duties of executors an io issd administrators; administration of wakf property; benevolent paymeremnts p in Islamic estates, and related matters. t ou [1st Mth wi arch, 1963] [R.L. Cap. 445] Acts Nos. ted [R.L. Cap. 29] 9 of 1963 ibu [R.L. Cap. 30] 55 of 1963 stri [R.L. Cap. 326] 9 of 1965 r d 4 of 2016 d o 1 of 2020 e uc 11 of 2023 pro d e r e b may oPk ART I PRELIMiIs b o f th NARY PROVISIONS rt o Short title and 1.–(1) This Act m apay be cited as the Probate and Administration application o of Estates Actd.. N (2) Subejrs evcet to the provisions of section 87 and Part IX, this Acst rt sehall apply to the administration of the estates of all persl orign hs dying domiciled, or leaving property, in Tanzania whAelia. ther before, on or after the date upon which it comes into za noperation. Tan Interpretnatt ofion 2.–(1) In this Part, unless the context otherwise requires- Acts Noes. 9 ofr n1m963 s. 5 “administrator” means a person appointed by the court to o4v o ef 2016 s. 55 administer the estate of a deceased person when there 5 G2 is no executor or no executor is able and willing to act, ©20 and includes, when Part VIII applies and subject to the provisions thereof, a person appointed an administrator under that Part; “codicil” means an instrument made in relation to a will, and explaining, altering or adding to its dispositions; 572 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] “contention” in relation to a grant of probate or letters of administration means the appearance of any person to oppose the application for the grant, and “contentious” has a like meaning; . “court” means the High Court and includes, in any case OAG in which a District Delegate has jurisdiction, a District n o f Delegate, but does not include a district court; io iss “demonstrative legacy” means a legacy directed to be eprmp aid out of specified property; ou t Cap. 11 “district court” has the meaning ascribed ther i wettho in the d Magistrates Courts Act; uteb “District Delegate” means a resident magisdtirsa trite appointed as a District Delegate under section 5; d o r “executor” means a person to whom thcedu e execution of the last will of a deceased person is, by etph roe testator’s appointment, confided; be r “general legacy” means a lme agyacy other than a specific or demonstrative legacyb; oko “Minister” means the is t hMinister responsible for legal affairs; “probate” means th f rte o copy of a will, or, in the case of an oral will, a stateme pnao t of the contents thereof, certified under the seal oef dt . hNe court, with a grant of administration to the estate o rv sef the testator; e “Probhatse rt Rules” means rules made under section 9; “ru ig lll er s of Court” include rules of court made by the High A ia. Court under the Judicature and Application of Laws n Cap. 358 zan Act and the rules contained in or made under the Civil Cap. 33 Ta of Procedure Code; nt e “small estate” means an estate the gross value of which a ern m court, district court or other authority having jurisdiction v G o in probate or administration is satisfied, does not exceed 25 20 one hundred million shillings; © “specific legacy” means a legacy of specified property; “trust corporation” means- (a) the Public Trustee; (b) the Administrator General; 573 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (c) any incorporated-banking or insurance or guarantee or trust company which has a capital, in stock or shares for the time being issued of not less than two hundred and fifty thousand pounds, of which not less than one . hundred thousand pounds shall have been paid up in G OA cash; or of n (d) any body corporate which has a capital, in stoicssk io or shares, for the time being issued of not less rm p ethan two hundred and fifty thousand pounds, oofu t which not less than one hundred thousand po wuitnhds shall d have been paid up in cash, and which te bius for the time being empowered, by Act of Parliam tri diesnt of the United Republic charter, memorandum do of r association, deed of settlement or other instrudm e ucent constituting it or defining its powers, to undeerp rtoake trusts, but for so long a time only as such bodye rcorporate shall not, by any prospectus, circular, adavy b m ertisement or other document issued by it or onb oit osk behalf, state or hold out that any liability attache ths i st o the Public Trustee or to the general revenue of trth oe f United Republic in respect of any act or omissioo pn a of such body corporate when acting as an executo. Ned r or administrator; and “will” mesaern vs the legal declaration of the intentions of a e testhatst ror with respect to his property, which he desires to bll eri g carried into effect after his death. a. A i (2) Notwithstanding anything contained in the definition za n n of “trust corporation” in subsection (1), a company or body Ta of corporate which would be a trust corporation but for the fact t en that it does not for the time being fulfil the requirements as ern m to capital in paragraphs (c) or (d) of the said definition may v G o act as executor or administrator in any case with the leave 02 5 2 of the High Court and on giving such security as the High © Court may determine, and thereupon for the purposes of so acting as executor or administrator shall be deemed to be and to have the powers, rights and duties of a trust corporation under this Act. 574 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] PART II JURISDICTION IN PROBATE AND ADMINISTRATION OF ESTATES G. Jurisdiction of 3. The High Court shall have jurisdiction in all matters relating OA High Court in f probate and to probate and the administration of deceased’s estates, withio n o administration power to grant probates of wills and letters of administratioissm n to the estates of deceased persons and to alter or revokte p esruch grants. u ith o d w Jurisdiction of 4. The High Court shall have jurisdiction to urtee-seal grants High Court to ib re-seal certain of probate and letters of administration m r daisd t e by a court of grants probate in any part of the Commonwealtdh o rin accordance with the provisions of Part X of this Act. uc e rod 5.–(1) The Chief Justice may app re p Jurisdiction of boe int such resident magistrates District Delegates as he thinks fit to be District Day m elegates. (2) A District Delegateo soh k all have jurisdiction in all matters b relating to probate antdhi sa dministration of estates with power to grant probate and o frt l etters of administration of estates if the deceased, at the t ipmao e of his death, had his fixed place of abode within the areda. N e for which the Delegate is appointed- (a) in snero vn-contentious cases; (b) tsi nr e contentious cases, if the Delegate is satisfied that l ri gh l the gross value of the estate does not exceed fifteen A ia. thousand shillings, or the High Court authorises the za n n Delegate to exercise jurisdiction in such circumstances Ta of as are specified in subsection (3). en t (3) An act of a District Delegate exercising jurisdiction in m ern probate or administration of estates shall not be invalid by ov G reason only that it is afterwards discovered that the gross value 5 20 2 of the estate exceeded fifteen thousand shillings, but where the © District Delegate becomes aware of such circumstances in any contentious case, he shall report the matter to the High Court which shall either direct the transfer of the proceedings to itself or authorise the Delegate to exercise jurisdiction therein. 575 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (4) A District Delegate shall not have jurisdiction to exercise any of the powers herein expressly conferred on the High Court. . Jurisdiction of 6.–(1) A district court presided over by a district magistrate G district courts A shall have jurisdiction in the administration of small estates, of O with power to appoint administrators of small estates using thseios n form specified in the Fourth Schedule to this Act, whereer mt ihe deceased died within the jurisdiction of the court. t p ou (2) The jurisdiction of a district court shall be exieth w rcised in accordance with the provisions of Parts VIII andut eI dX. str ib Consular officers 7.–(1) Where any person who is a natoiro dni al of a State to which this section applies is named as edc x ecutor in the will of a deceased person disposing of propduro erty in Tanzania, or is otherwise a person to whom a g ep er rant of representation to the estate in Tanzania of a deceaseyd ba person may be made, then if the court is satisfied, on the m ok application of a consular officer of the said State, that the sasi db o i national is not resident in Tanzania, and if no application ff oth o r a grant of such representation is made t by a person duly r p authorised by power of attorney to act for him in that be No dh. alf, the court shall make to that officer any such grant of re e eprvresentation to the estate of the deceased as would be madse r etso him if he were so authorised as aforesaid. (2 ri)g hLt etters of administration granted to a consular officer sh. Aa llll be granted to him in his official style and title and not in za nhiais personal name, but the person officiating as such consular Tan officer shall personally take the administrator’s oath. Such of nt letters of administration and the estate of the deceased shall me rn pass from such consular officer to his successors in office, and e ov shall vest in each such consular officer for the time being during G 02 5 his continuance in office without any order of the court or any ©2 conveyance, assignment or other instrument whatsoever. (3) Sureties shall not be required to an administration bond given by a consular officer upon the grant of any letters of administration by virtue of this section. 576 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (4) Where any person who is a national of a State to which this section applies- (a) is entitled to any money or other property in Tanzania forming part of the estate of a deceased person, or to . receive payment in Tanzania of any money becoming OAG due on the death of a deceased person; or n o f (b) is among the persons to whom any money or othisesr io property of a deceased person may, under anpye rmAct whether passed before or after the commencemut o ent of this Act, be paid or delivered without grant ith w of probate d or other proof of title, then if the said bnu taetional is not resident in Tanzania, a consular offictreidis r of that State shall have the right and power tdo o r receive and give a valid discharge for any such m e du coney or property as if he were duly authorised by ro epower of attorney to act for him in that behalf: r y b e Provided that, a person sh ma all not be authorised or required by this subsection to payb k oor deliver any money or property to a consular officer if it this is within his knowledge that any other person in Tanzaniart oh f as been expressly authorised to receive that money or proo pp a erty on behalf of the said national. (5) Notwith.s Ned tanding any rule of law conferring immunity or privilege inse rr vespect of the official acts and documents of consular e officerhs r t,s a consular officer shall not be entitled to any immunity or privl irligl ege in respect of any act done by virtue of powers conferred oian. A him by or under this section, or in respect of any document an nz for the time being in his possession relating thereto. a of T (6) This section applies to the States specified in the First t en Schedule, and the Minister may, by order in the Gazette, add to ern m or delete from the First Schedule, any foreign State. ov 5 G 02 Powers under 8. Subject to any Probate Rules in that behalf, the jurisdiction ©2 this Act may be exercised in of the court or a district court under this Act may be exercised chambers in chambers- (a) in non-contentious cases; and (b) in contentious cases to the same extent as jurisdiction may be exercised in chambers in a suit conducted in 577 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Cap. 33 accordance with the Civil Procedure Code or any enactment replacing the same or any rules of court. Probate Rules 9. The Chief Justice may make Probate Rules for regulating Act No. . 9 of 1963 s. 6 proceedings for the grant of probate and letters of AG administration or the appointment of an administrator, for of O such purposes as, in this Act it is provided that Probate Rulesio nss may be made, for the preservation, and copying and inspecertmio i n of wills, grants of probate and administration of estatte pou s and appointments of administrators, for fees including feeith w s payable to administrators appointed under section 75(u1te) d and forms, and generally for the better carrying out of tthribis e provisions of this Act. d d o r ceu PART IIIpro d e PROTECTION OF ESTATeE rS PENDING GRANT y b AND EXECUTORS O a mF THEIR OWN WRONG ok bo Receiver pending 10. Where any person dthii ess leaving property within Tanzania, the grant f court may, if it appearat ros on the application of the Administrator- General or of aon pN y person claiming to be interested in such property, or ehda . ving the custody or control thereof at the time v of the deatehres of the deceased, or being at such time an attorney of theh ds ert ceased, that there is danger that such property may be wl ril agsted, appoint the Administrator-General or such other A npiae . rson as the court thinks fit, to be a receiver of such property nz a pending a grant of probate or letters of administration. Ta of Sale by eonr tder of 11. The court may, on application by a receiver appointed cou er rntm under section 10, or any person interested in the estate, order Gov the sale of the whole or any part of such property, if it appears 25 20 that such sale will be beneficial to the estate. © Application of 12. A receiver appointed under section 10 shall be subject to rules relating to receivers all rules of court relating to receivers generally: Provided that neither the Administrator-General nor the Public Trustee shall be required to furnish security. 578 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Penalty for 13. A person who, without lawful authority, removes or contempt attempts to remove from Tanzania any portion of the property of which a receiver has been appointed under section 10, or destroys, conceals, or refuses to yield up the same to the receiver, . commits an offence and on conviction, shall be liable to a fine AG O not exceeding five thousand shillings or to imprisonment for a of n term not exceeding six months or to both. siois pe rm No suit against 14. A suit shall not be brought against a receiver ap t receiver opu ointed under section 10 in relation to anything done or initth w ended to be done by him in respect of the property of thuete ddeceased in exercise or intended exercise of the powers v rib isetsted in him; but any person aggrieved by anything so don oer, d or intended to be done, may apply to the court for direcutieo d c ns in the matter, and the court may make such order as ispr oju d st. ree Receiver’s lien 15. A receiver appointed undye ba r section 10 shall have a lien upon the property entrustedk mo to him for all costs and expenses properly incurred by hism b o i in the exercise of his duties as such receiver. of th pa rt Executors of their 16. A person w. Nh oo intermeddles with the estate of the deceased own wrong or does anyr voe dther act which belongs to the office of executor, while the rer see is no rightful executor or administrator in existence, thereigbhy ts makes himself an executor of his own wrong: . AP ll rrovided that- niaa (a) intermeddling with the goods of the deceased for nz Ta the purpose of preserving them or providing for his f nt o funeral or for the immediate necessities of his family or e property; ern m ov (b) dealing in the ordinary course of business with goods 25 G of the deceased received from another; 20© (c) action by an administrative officer under section 15 Cap. 27 of the Administrator-General (Powers and Functions) Act; or (d) action by a receiver appointed under section 10, does not make an executor of his own wrong. 579 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Liability of 17. Where a person has so acted as to become an executor of executor of his own wrong his own wrong, he is answerable to the rightful executor or administrator, or to any legatee or creditor of the deceased, to the extent of the assets which have come into his hands, after deducting payments made to the rightful executor AG. f Oor administrator, and payments made in due course of n o administration. io iss ermp PART IV ou t th RENUNCIATION BY EXECUTOR i ted S w rib u Express 18. A person who is entitled to probate may exisptd ressly renounce renunciation of right to probate his right to such grant orally on the hearidn o r e g of any application or in writing signed by the person so c druenouncing and attested o by any person before whom an affiredpa r vit may be sworn. e b Citation and 19.–(1) A person having or cml aayiming any interest in the estate constructive ok renunciation of a deceased person orb oany creditor of a deceased person may cause to be issue tdh i sa citation directed to the executor or executors appointedrt ob fy the deceased’s will calling upon him or them to accept o a or p renounce his or their executorship. (2) A persd.o N e n so cited may enter an appearance to the citation, bsuert v if he makes a default in appearance thereto, he e shall bhets rdeemed to have renounced his executorship; and if, havlli nri gg appeared, he does not proceed to apply for probate, tah. i eA person so citing may apply for an order that the person an nz cited, unless he applies for and obtains probate within a time Ta of limited by the order, shall be deemed to have renounced his nt e right thereto, and an order may be made accordingly. m ern GoEv ffect of 20. The renunciation, whether made expressly or constructively, 5 renunciation 02 shall preclude the person so renouncing from applying ©2 thereafter for probate: Provided that, the court may at any time allow the person so renouncing to withdraw his renunciation for the purpose of taking a grant, if it is shown that such withdrawal is for the benefit of the estate or persons interested therein. 580 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] PART V GRANT OF PROBATE AND LETTERS OF ADMINISTRATION BY THE COURT . A. General Provisions AG of O Trust 21.–(1) A trust corporation- sio n corporations (a) may be granted probate of the will of any person, ifr mit is is named as executor therein; or ut pe (b) may be granted letters of administration. ith o (2) A trust corporation may be granted probadt wte e or letters of administration either solely or jointly with tarinb uother person. (3) Probate or letters of administration dis osrh all not be granted to a syndicate or nominee on behalf of a ce dtrust corporation. u od Number of 22.–(1) Probate or letters of adminriespt rration shall not be granted executors and administrators to more than four persons in reys bp eect of the same property, and letters of administration sha a k lml, if there is a minority or if a life interest arises under thse b owo ill or on an intestacy, be granted either to a trust corportahtif ion, solely or jointly with an individual o or to not less than r p atw t o individuals: Provided th. Na ot , in granting letters of administration the court may arvcet d on such prima facie evidence, furnished by the applicanrte s oer any other person, as to whether or not there is a minoigrhi ttsy or life interest, as may be prescribed by Probate Rules. A(ll 2 r) Where there is only one personal representative, not being ana ia .trust corporation then, during the minority of a beneficiary an z or the subsistence of a life interest and until the estate is fully of T t administered, the court may, on the application of any person men interested or of the guardian, committee or receiver of any ern ov such person appoint one or more personal representative in 5 G2 addition to the existing personal representatives, in accordance 20© with Probate Rules. Minors and 23. Probate or letters of administration shall not be granted to persons of unsound mind any person who is a minor or of unsound mind. 581 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] B. Probate Grant of probate 24.–(1) Probate may be granted only to an executor appointed by the will. (2) The appointment may be express or by necessary G. implication. OA f (3) Where several executors are appointed, probate may beio n o granted to them all simultaneously or at different times. issm (4) Where an executor is appointed by the will for a limert p ited purpose only, probate shall not be granted to hi u imtho except limited to that purpose. d w ibu te r Probate of copy, 25.–(1) Where a written will has been lost dois rt misplaced after draft or contents of written wills the death of the testator, or has been deeds otrroyed by wrong or and of contents of accident and not by any act of the testdaut cor- oral wills o (a) if a copy or draft of the will r rehpas been preserved, probate may be granted of suchy c bo epy of draft, until the original or a wills properly aumthak enticated copy of it is admitted to probate; oo b (b) if no such coptyhisf or draft has been preserved, probate may be graanrtt oed of the contents of the will, if they can be establios p N hed by evidence, limited as aforesaid. (2) Wher d ve .a written will is in the possession of a person outside Treas enrzania, who has refused or neglected to deliver it up, buhtt sa copy has been transmitted to the executor, and it is necel rsi g Al sary for the interests of the estate that probate should be giar. anted without waiting for the arrival of the original, probate za n an may be granted of the copy so transmitted, limited as aforesaid. f T t o (3) Probate may be granted of the contents of an oral will, if enm they can be established by evidence. ern ov GCodicil 26. Where, after probate has been granted, a codicil of the will 250 propounded after 2 probate is propounded, probate may be granted of the codicil: © Provided that, where the codicil expressly or impliedly revokes the appointment of any executors to whom probate has been granted, such probate shall be revoked, and a new probate granted of the will and codicil together. 582 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Authenticated 27. Where a will has been proved and deposited in a court copy of will proved abroad of competent jurisdiction situated outside Tanzania, and a properly authenticated copy of the will is produced, probate may be granted of such copy or letters of administration . granted with a copy of such copy attached. G f O A o Effect of probate 28. Probate of a will when granted establishes the will andio nss evidences the title of the executor from the death of the testamtoier r. p ou t C. Letters of Administration with the Will Annweitx hed d Failure of 29. Where- uteb executors i (a) no executor is appointed by a will; r di st (b) the executor or all the executors oard ppointed by a will e have renounced, or are persondsu cto whom probate may not be granted; prore (c) no executor survives thye bt ee stator; (d) all the executors die kb me afore obtaining probate or before having administe rbeo od all the estate of the deceased; or (e) the executors fa tph ispointed by any will do not appear and take out proarbt oate, letters of admNion pistration with the will annexed may be granted of tvehde . whole estate or so much thereof as may be unadminissee trered to such person or persons as the court deems r the fitthetss t to administer the estate: Pll rri g A ovided that, a prior right to such grant shall belong to the nfiao . llowing persons in the following order: za an (i) a universal or residuary legatee; of T t (ii) a personal representative of a deceased universal enm or residuary legatee; rn ve (iii) such person or persons, being beneficiaries under 5 G o the will, as would have been entitled to a grant of 20 2 letters of administration if the deceased had died © intestate; (iv) a legatee having a beneficial interest; (v) a creditor of the deceased: 583 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] and provided further that, a court shall not grant letters of administration with the will annexed in respect of a will by which an executor is appointed, if the executor- (i) is living and his whereabouts are known; . (ii) is a person to whom probate may be granted; and G OA (iii) has not renounced his office, n o f unless and until a citation has been issued calling upon thseiois executor to accept or renounce his office and the executo rm per has renounced or has been deemed to have renounced hiust o office in accordance with the provisions of sections 18 an ith wd 19. d ute Attorney of 30. Where any executor is absent from Tan rib iszt ania, and there absent executor is no other executor within Tanzania w oilr lding to act, letters of administration with the will annexuceed d may be granted to a lawfully constituted attorney, oprod dinarily resident within Tanzania, of the absent executo rrebe , limited until the absent executor obtains probate form ha yi mself, and in the meantime to any purpose to which the oa otktorney’s authority is limited. b is Attorney of 31. Where any perso th nof, to whom letters of administration might person entitled t to letters of be granted under psae rction 29, is absent from Tanzania, letters of administration administratiodn. Nwo ith the will annexed may be granted to his lawfully coenrvs etituted attorney ordinarily resident in Tanzania, limited irness the manner provided in section 30. t igh Codicil 32. A. ll Thr e provisions of section 26 shall apply in the case of a propounded after letters of ang iarant of letters of administration with the will annexed in like administration nz Ta manner as they apply in the case of a grant of probate. granted of en t nm D. Letters of Administration on Intestacy ve r GoLetters of 33.–(1) Where the deceased has died intestate, letters of 25 administration on 0 intestacy administration of his estate may be granted to any person ©2 who, according to the rules for the distribution of the estate of an intestate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased’s estate. 584 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (2) Where more than one person applies for letters of administration, it shall be in the discretion of the court to make a grant to any one or more of them, and in the exercise of its discretion the court shall take into account greater and . immediate interests in the deceased’s estate in priority to lesser OAG or more remote interests. of n (3) Where no such person applies, letters of administratiosniois may be granted to a creditor of the deceased. ermp (4) Where it appears to the court to be necessuat o ry or convenient to appoint some person to administer w it thhe estate d or any part thereof other than the person who ubun teder ordinary circumstances would be entitled to a grant oisftr i d administration, the court may, in its discretion, having reg r da ord to consanguinity, amount of interest, the safety of the esdtua cete and probability that it will be properly administered, ro eapppoint such person as it thinks fit to be administrator; aned r b in every such case letters of administration may be limit emd a yor not as the court thinks fit. k oo Attorney of 34. Where a person enhtist bi led to letters of administration in the person entitled to t administration case of an intestacy oif rt s absent from Tanzania and no person equally entitled a ois p willing to act, letters of administration may be granted to da. Nlawfully constituted attorney, ordinary resident in Tanzan rv siea, eof such person, limited until such person obtains letters tos fr eadministration himself and in the meantime to any purlp riog hse to which the attorney’s authority is limited. Al ia. za n E. Letters of Administration for Special Purposes an Until will T t o f 35. When no will of the deceased is forthcoming, but there produceedn m is reason to believe that there is a will in existence, letters of ve rn administration may be granted, limited until the will or an Go 5 authenticated copy thereof is produced. 2 ©20 During minority 36.–(1) Where a minor would, but for his minority, be entitled to probate or letters of administration, letters administration with or without the will annexed may, subject to the provision of section 22(1), be granted to the guardian of the person and 585 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] property of the minor, or to such person as the court thinks fit, limited until the minor comes of age and obtains a grant to himself. (2) Where there are two or more minor executors or persons . so entitled, any grant made under subsection (1) of this section OAG shall be limited until one or other of them shall obtain a grant. of sio n s During 37. Where a person of unsound mind would, but for i r mhis unsoundness of e mind unsoundness of mind, be entitled to probate or leotut t eprs of administration, with or without the will annexe ith wd may be granted to the person to whom the care of his eusteta dte has been committed by a competent authority, or to sisutr icbh person as to the court seems fit, for the use and bene d ofir t of the person of unsound mind, limited until he becom d ucees of sound mind and obtains a grant to himself. pro d e e r Pendente lite 38. Pending the determinatioany b of any proceedings touching the validity of the will of a dke mo ceased person or for obtaining or revoking any probate or bo is any grant of letters of administration, the court may appo i th onf t an administrator of the estate of such t deceased person, pwa rho shall have all the rights and powers of a general admd. i Nnoistrator other than the right of distributing such estateer,v eand every such administrator shall be subject to the ism s remediate control of the court and shall act under its dire critgi hot n. All . Collection and an3 ia9. In any case in which it appears necessary for preserving preservation of z property Tan the property of a deceased person, the court may grant, to any Act No. t o f person whom it thinks fit, letters of administration limited to 9 of 196e3n s. 7 nm the collection and preservation of the property of the deceased, er ov and giving discharges for debts due to his estate and to such 25 G other acts (other than the distribution of estates as the court ©20 shall think fit) subject to the directions of the court. 586 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Suits 40.–(1) When it is necessary that the representative of a deceased person be made a party to a pending suit, and the executor or person entitled to letters of administration is unable or unwilling to act, letters of administration may be . granted to the nominee of a party in such suit, limited for the G OA purpose of representing the deceased in the said suit, or in any n o f other suit which may be commenced in the same or in ansyiois other court between the parties, or any other parties, toupceh rming the matters at issue in the said suit, and until a fina t olu decree shall be made therein and carried into complete execith w ution. d (2) Where, at the expiration of twelve mobnu ttehs from the date of any probate or letters of administradtisio trin, the executor or administrator to whom the same has do or r have been granted is absent from Tanzania, the court m e dua cy grant to any person whom it thinks fit letters of admepi rno istration limited to the purpose of becoming and bein gbe mr ade a party to a suit to be brought against the executo mr aoy r administrator, and carrying the decree which may be moo k b ade therein into effect. is th Trust property 41. Where a persrto on f dies, leaving property of which he was the sole oro ps aurviving trustee, or in which he had no beneficial inted.r Nest on his own account, and leaves no general representa rve steive, or one who is unable or unwilling to act as such, le re tst ters of administration, limited to such property, may be g rrig h l anted to the beneficiary, or to some other person on his Al b nia e. half. za Tan f F. Grants with Exception t o Grantms ewnith 42. Whenever the nature of the case requires that an exception execernption v be made, probate or letters of administration with or without o 5 G the will annexed shall be granted subject to such exception. 02 ©2 Grants of 43. Whenever a grant with exception of probate or letters of excepted part administration with or without the will annexed has been made, further grant may be made of the part of the estate so excepted. 587 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] G. Effect of Grant of Letters of Administration Effect of grant 44. Subject to all such limitation and exceptions contained of letters of administration therein and, where the grant is made for a special purpose, for that purpose only, letters of administration entitle the G. administrator to all rights belonging to the deceased as if the f O A administration had been granted at the moment after his deathi:on o Provided that, letters of administration shall not renmdise sr valid any intermediate acts of the administrator tendingt pt eor the diminution or damage of an intestate’s estate. ou with ed H. Death of Executors and Administratourtrib s and Effluxion of Time of Limited G is r rdant ts o Death of one of 45. Where probate or letters of admucien d istration have been several personal representatives granted to more than one executor rodp r administrator and one of them dies, the representation e e r of the estate administered b shall, in the absence of any direyc a tion in the will or grant accrue to the surviving executoor ko mo r executors or administrator or administrators. s b f th i o Death of sole 46. On the death rt poaf a sole or sole surviving executor who has or surviving personal proved the wi.l Nl oor of a sole or sole surviving administrator, representative letters of admed erv inistration may be granted in respect of that part of the es trae ste not fully administered, and in granting such letters of adimgh ts r inistration the court shall apply the same provisions as ap. Ap lll y to original grants: niaa Provided that, where one or more executors have proved nz Ta the will or letters of administration with the will annexed have ofnt been issued, the court may grant letters of administration e rnm under this section without citing an executor who has not ov e proved the will. 5 G 20 2 © Effluxion of time 47. When a limited grant has expired by effluxion of time, or of limited grants the happening of the limited event or contingency on which it was and there is still some part of the deceased’s estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made. 588 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] PART VI REVOCATION AND ALTERATION OF GRANTS AND REMOVAL OF EXECUTORS AND ADMINISTRATORS . AG f O Rectification of 48. Errors in names and descriptions, or in setting forth the n oo errors i time and place of the deceased’s death, or the purposem isi sn a limited grant, may be rectified by the court, and the pge r t rant of probate or letters of administration may be alt u itehored and amended accordingly. w ute d ib Revocation 49.–(1) The grant of probate and letters of ad tr dims inistration may of grants and removal of be revoked or annulled for any of the folldo ow r ing reasons: e executors (a) that the proceedings to obtaind tuh c e grant were defective Act No. 11 of 2023 s. 76 in substance; ro re p (b) that the grant was obtya bi ened fraudulently by making a false suggestion, ko mr aby concealing from the court something mater ibaol o to the case; (c) that the grantf thw isas obtained by means of an untrue allegation oafrt ao fact essential in point of law to justify the grant, t hNo pugh such allegation was made in ignorance or invaedd .vertently; (d) thaet rres the grant has become useless and inoperative; (e) tst h hat the person to whom the grant was made has wilfully rig All and without reasonable cause omitted to exhibit an . nia inventory or account in accordance with the provisions za an of Part XI or has exhibited under that Part an inventory of T t or account which is untrue in a material respect. men (2) Where it is satisfied that the due and proper rn ve administration of the estate and the interests of the persons o 5 G beneficially entitled thereto so require, the High Court may 2 20 suspend or remove an executor or administrator other than the © Administrator-General or the Public Trustee and provide for the succession of another person to the office of such executor or administrator who may cease to hold office, and for the vesting in such person of any property belonging to the estate. 589 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (3) The executor or administrator of estates removed or suspended by the court under subsection (2) shall, within one month from the date of his removal or suspension, file an inventory or as the case may be, accounts of the assets which . have come into his hands and the manner in which they have G OA been applied or disposed of. of n iss io Payments by or 50.–(1) Where any probate is, or letters of administratrimon, to representatives pet whose grants are revoked, all payments bona fide made to any execouu tor or revoked administrator under such probate or are administra ith wt on before the revocation thereof shall, notwithstanding suucteh d revocation, be a legal discharge to the person making the tsriis abme. (2) The executor or administrator w horo d shall have acted under any such revoked probate or adm d uc einistration may retain and reimburse himself out of the praos dsets of the deceased in respect of any payments made beb rye him which the person to whom probate or letters of a y mdaministration shall be afterwards granted might have lawfulol oyk made. is b Surrender of 51.–(1) When a gra noft t hof probate or letters of administration revoked grants t is revoked under ptah r is Act, the person to whom the grant was made shall fodr. t Nhowith deliver up the probate or letters to the court whicehrv emade the grant. (2) W s s rh e ere such person wilfully and without sufficient cause omi ts t rig hso to deliver up the probate or letters, he commits an off. Ae llnce and on conviction shall be liable to a fine not exceeding ntiaza wo thousand shillings or to imprisonment for a term not n Ta exceeding three months, or to both. nt of rnm e PART VII ov e G PRACTICE AND PROCEDURE IN GRANTING 5 20 2 PROBATE AND LETTERS OF ADMINISTRATION © OTHER THAN OF SMALL ESTATES Procedure in 52. Except as hereinafter provided, and subject to any Probate Court Rules made in that behalf- 590 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (a) the proceedings of the court relating to the grant of probate and letters of administration shall be regulated, so far as the circumstances of the case admit, by the Cap. 33 Civil Procedure Code, or any enactment replacing the G. same; and OA (b) in any case in which there is contention, the proceedings f n o shall take, as nearly as may be the form of a suit in whiic io ssh the petitioner for the grant shall be plaintiff ande rmp any person who appears to oppose the proceedingso us th all be defendant. ith d w ute Application to 53.–(1) An application for probate or letters o ib stfr administration High Court or i District Delegate may be made to the High Court or to t d hore District Delegate appointed for the area in which the dec d uceeased at the time of his death had his fixed place of abode. d pro (2) An application for probat e bee ror letters of administration to a District Delegate, if madye ma and verified in the manner hereinafter provided, shaollo kb e conclusive for the purpose of authorising the grant ohisf bprobate or letters of administration, t and such grant shrat lol f not be impeached by reason that the deceased had noo fi p axed place of abode within the area for which the Delegate ids. Nappointed unless by a proceeding to revoke the grant if obstear viened by a fraud upon the court. s r e t District 54.– r(ig1 h) Where an application for probate or letters of Delegate to stay proceedings and ad. Am ll inistration is made to a District Delegate and either- a report to High ni za (a) the application is made in respect of an estate the gross Court in Certaainn cases T value of which exceeds fifteen thousand shillings, and nt of is opposed; or e rnm (b) it otherwise appears to the District Delegate that veo probate or letters of administration ought not to be 5 G 02 granted by him, the District Delegate shall stay the ©2 proceedings and report the matter to the High Court. (2) Upon the receipt of any such report, the High Court may authorise the District Delegate to proceed in the matter of the application according to such instructions as to the High Court may seem necessary, or may forbid any further 591 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] proceeding by the District Delegate in relation to the matter of such application, leaving the party applying for the grant in question to make application to the High Court. (3) Where the High Court forbids any further proceeding . by the District Delegate, the application, with any documents AG O that may have been filed, shall be returned to the person by f n o whom the application was made, in order that the same mia io ssy be presented to the High Court, unless the District Deplee rgmate thinks it necessary for the purposes of justice to impo t oun d the same, which he is hereby authorised to do; and in thaith w t case the d same shall be sent by him to the High Court. ibu te r ist Petition for 55.–(1) An application for probate oor d r for letters of probate and letters of administration shall be made by a petiutcieo dn with the will, or, in administration the cases mentioned in section 25, ap rcoo dpy, draft or statement of annexed with will the contents thereof annexed wibteh r ethe will stating- (a) the date and place of y mthae will testator’s death; (b) that the writing an ono kexed is his last will and testament, or as the case mhaisy b be; t (c) the amount aof rt nd nature of assets which are likely to come to toh pe a petitioner’s hands; (d) the nadm. Nes and addresses, so far as they are known, of rve saell the executors named in the will, and, where the e tsa rpplication is for probate, that the petitioner is an h l ri g executor so named; and . A l ia (e) whether any proceedings for the grant of probate anz or letters of administration, or otherwise for the an of T administration of the estate have been commenced nte before any other court of authority, whether inside ern m Tanzania or outside it. ov G (2) In addition to these particulars, the petition shall further 02 5 state, when the application is to a District Delegate, that the ©2 deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) In cases where the will, copy, draft or statement of the contents thereof, is written in any language other than English, a translation thereof, shall be annexed to the petition by a 592 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] person competent to translate the same, and such translation shall be verified by that person. Petition for letters 56.–(1) An application for letters of administration shall be of administration made by petition, stating- G. A (a) the date and place of the deceased’s death; O of (b) the family or other relatives of the deceased, and thesisri o n respective residences; mi er (c) the right in which the petitioner claims; ut p o (d) the amount and nature of assets which ar th wei likely to come to the petitioner’s hands; ute d (e) that diligent search has been made, atnribis d no valid will has been discovered; and r d o (f) whether any proceedings for theduc e grant of letters of administration, or otherwisepr of dor the administration of the estate, have been comme rb eenced before any other court or authority, whether mwaiyt hin Tanzania or outside it. (2) In addition to these pak oo rticulars, the petition shall further state, when the applica b hitsion is to a District Delegate, that the t deceased at the timrte o f of his death had a fixed place of abode within the jurisdoi cp ation of such Delegate. . Nd Verification of 57.–(1) Theerv epetition for probate or letters of administration petition shall in sa rl els cases be signed by the petitioner and his advocate, if any, ht ll r aignd shall be verified by the petitioner. . A(2) Where the application is for probate, or for letters of ana ia z dministration with the will annexed, the petition shall also be an T verified by at least one of the witnesses to the will: t o f n Provided that, the court may dispense with verification by a rnm e witness when it is satisfied that it cannot be obtained or that it e ov cannot be obtained without undue delay or expense. 25 G 0 (3) Where any petition or declaration which is hereby ©2 required to be verified contains any averment which the person making the verification knows or believes to be false or does not believe to be true, such person commits an offence and on conviction, shall be liable to imprisonment for a term not exceeding seven years. 593 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Caveats against 58.–(1) A person having or asserting an interest in the estate grant of probate or administration of the deceased may enter a caveat against the probate grant or letters of administration. (2) A caveat may be entered with the High Court or, where G. the deceased at the time of his death had his fixed place of abode OA within an area for which a District Delegate has been appointed f n o or application for probate or letters of administration has beiessn io made to a District Delegate, with that District Delegate. ermp (3) Immediately on a caveat being entered with a oDu t istrict Delegate he shall send a copy thereof to the High C ith d w ourt. (4) Where a caveat lodged with the High Cbuo teurt discloses that the deceased at the time of his death, hass htr iis fixed place of abode within an area for which a District Doer di d legate is appointed, the Registrar shall send a copy thereof ce d tuo that District Delegate. (5) A caveat shall remain in forcepe r ofor four months after the date upon which it was lodged, bue nr less sooner withdrawn but, subject to the provisions of se y mcation 59, may be renewed. oko Proceedings 59.–(1) Save as provideds bhi in this section, no proceedings shall subsequent to t caveat be taken on a petiti f rto on for probate or letters of administration after a caveat agao ipn ast grant or a copy thereof has been entered with a court tod. w N hom application has been made so long as the caveat remearvin e s s in force. (2) Ws r e t here a caveat has been entered, any person who petilt rigo hns for a grant of probate or letters of administration shall Al a iap. ply for the issue of a citation to the caveat or calling upon him anz to state, within such time as may be specified therein, whether n f T a he supports the grant of probate or letters of administration nt o e to the petitioner and, if he does not, requiring him to enter an ern m appearance to the petition. Gov (3) Where a caveator enters an appearance, the court shall 5 02 proceed with the petition in accordance with section 52(b). ©2 (4) Where a caveator gives notice that he supports the petition, or where he fails to give notice to that effect and fails to enter an appearance to the petition within the time limited therefor, the caveat shall be deemed to have been withdrawn 594 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] and no further caveat may be entered by or on behalf of the caveator. Order to produce 60.–(1) The court may order any person to produce and bring testamentary papers into court any paper or writing being or purporting to be G. A testamentary, which may be shown to be in the possession or of O under the control of such person. sio n s (2) Where it be not shown that any such paper or writien i rmg is in the possession or under the control of such person, bouu tt p there is reason to believe that he has other knowledge o wfi thany such paper or writing or of an oral will, the court mayu ted direct him to attend for the purpose of being examined resptreibis cting the same, and such person shall be bound to answ eor dsuch questions as may be put to him by the court and,u cief dso ordered, to bring in any such paper or writing in hipsro dpossession or under his control. re y b e a Court may 61.–(1) In all cases it sh m oak ll be lawful for the court, if it examine petitioner, require thinks fit- is bo further evidence (a) to examine thoef t hpetitioner in person upon oath; and issue t citations (b) to require fau r p rther evidence of the death of the deceased and ofd .t Nhoe due execution of the will, or the right of the peteitrvi eoner to the letters of administration, as the case sm r easy be; and (c ri)g htto issue citations calling upon all or any persons ll . A claiming to have any interest in the estate of the nia za deceased to come and see the proceedings before the an T grant of probate or letters of administration. nt of (2) The citation shall be exhibited in some conspicuous part e rnm of the court-house, and otherwise published or made known ov e in such manner as Probate Rules may require or as the court G 25 issuing the same may direct. ©20 Time before 62. Probate of a will shall not be granted until after the which grant not to be made expiration of seven clear days, and no letters of administration shall be granted until after the expiration of fourteen clear days, from the day of the testator’s or intestate’s death. 595 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Grant of 63. Whenever it appears to the court that probate of a will or probate and administration letters of administration should be granted, such probate or administration shall be granted under the seal of the court. Refusal of letters 64. Notwithstanding anything in the preceding sections, it shall G. of administration A be in the discretion of the court to make an order refusing, for f O o reasons to be recorded by it in writing, to grant any applicatiosnios n for letters of administration made under this Act. erm i t pu Directions to 65. The court may give to an executor or administitrhaotor any executor or administrator general or special directions in regard to the estatteed o wr in regard to the administration thereof. u str ib r d i Oath 66. Upon the grant of any probate or letetde ors of administration c the grantee shall take an oath faithfulrolyd u to administer the estate and to account for the same: p re Provided that, this section sh abeay ll not apply where the grantee is the Public Trustee or the kA mdministrator-General. oo b Administration 67. Every person to wh is f thom letters of administration are granted bond and, if the court sort oa directs, any person to whom probate is granted shall giNvo e p a bond with one or more surety or sureties, engaging forve tdh . e due collection, getting in, and administering the estate e re sofr the deceased: Prohvtsi ded that, the court may, for good reasons, dispense rigwiAthll a bond or sureties, or both, in any particular case. a. ni Assignment of zan 68. The court may, on application made by petition and on administratifo Tn a bond o being satisfied that the engagement of any such bond has not en t been kept, and upon such terms as to security, or providing rnme that the money received be paid into court, or otherwise as the ov G court may think fit, assign the same to some proper person, 25 20 who shall thereupon be entitled to sue on the said bond in © his own name as if the same had been originally given to him instead of to the court, and shall be entitled to recover thereon, as trustee for all persons interested, the full amount recoverable in respect of any breach thereof. 596 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Deposit of 69. All original wills of which probate and letters of original wills administration with the will annexed have been granted by a court shall be deposited and preserved in the Registry of the High Court, and any wills so deposited and copies of all grants . of probate and letters of administration shall, subject to the G OA control of the High Court and the provisions of Probate Rules, n o f be open to inspection. io iss erm Conclusiveness 70. Probate and letters of administration shall- t pu of probate thoi and letters of (a) have effect over all the property, mo wvable and administration immovable, of the deceased throughout Tteadu nzania; (b) be conclusive as to the representaitsitrv ibe title against all debtors of the deceased, and oarl dl persons holding property which belongs to him; d ucaend (c) afford full indemnity to all dpreo dbtors paying their debts, and all persons deliveringb ue pre such property to the person to whom such probate oyr ma letters of administration shall have been granted. k bo o is Grantee alone 71. After any grant o th of probate or letters of administration, no to act as t representative person other tha npa rthe person to whom the same shall have been grantedd .s Nhoall have power to sue or prosecute any suit, or otherwiesrev e act as representative of the deceased, until such probates or ers letters of administration shall have been revoked or annullhet rig d. ll ia. A Appeals and an72.–(1) An appeal shall lie from an order granting or refusing revision nz Cap. 33 Ta probate or letters of administration made in contentious t o f cases as if such order were a decree, and from any other order en nm made in such cases if an appeal would lie there from in a suit er Gov according to the provisions of the Civil Procedure Code or any 5 2 enactment replacing the same. ©20 Cap. 33 (2) The provisions the of the Civil Procedure Code, shall apply, mutatis mutandis, in respect of proceedings before a District Delegate under this Act. 597 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] PART VIII A. PRACTICE AND PROCEDURE IN APPOINTING, AND REVOKING THE APPOINTMENT OF, ADMINISTRATORS OF SMALL ESTATES . AG f O Application of 73.–(1) This Part shall apply when application is made to a n oo Part VIII i district court presided over by a District Magistrate for ss mtihe appointment of an administrator of a small estate, or wt ph eer n a direction is given, under Part IX, that this Part shalitlh oa upply to any particular small estate. w ed (2) Except as may be provided in this Part, wut trib here this Part applies, the provisions of Parts IV, V, VI a is rn dd VII, other than the provisions of sections 52(b), 60, 61, e6d2 o, 65, 70 and 71 shall not apply. uc rod (3) Where this Part applies a di rset prict court may exercise the powers conferred on a court u e ay bnder those provisions of Part VII which apply. m oo k b Selection of 74. A district court mf athy is appoint as administrator one or more administrator persons interesteda ritn o the estate or in the due administration thereof and, in Nsoe lpecting an administrator, shall, unless for any reason it covneds .iders inexpedient so to do, have regard to any wishes wrehsi ecrh may have been expressed by the deceased. ts h Administrator- 75.–ll r(i g1) Where a district court is of the opinion that, having General’s A administration riae.gard to the safety of the estate and the proper administration and appointment annz thereof, it is desirable that the estate should be administered of officer of couart or impart f ti aol T by the Administrator-General or an officer of the district personen court or some reputable and impartial person able and willing Act Nmo 9 oefr n1963 s. 8 to administer the estate it may adjourn an application for an ov GCap. 27 appointment in order that it may be ascertained whether the 25 20 Administrator-General will undertake the administration © of the estate under section 52 of the Administrator-General (Powers and Functions) Act or may appoint an officer of the district court or some such person aforesaid as administrator. 598 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (2) An appointment of an administrator under this Part shall not be made if there has been a previous grant of probate of the will of the deceased or letters of administration of his estate, or if the Administrator-General has himself lawfully . undertaken the Administration of the estate. AG of O Appointments to 76.–(1) An appointment of an administrator of a small estatseio n be under seal s shall be made under the seal of the district court. i erm (2) Every administrator shall sign an undertaokui t np g to administer the estate faithfully. ith w ted Security for due 77. A district court may, if it thinks fit, requires atrn ibu administrator administration of a small estate to give security for the du di ore administration of the estate. ed du c ro Wills 78.–(1) A district court may allow r ea p will to be proved either by oral evidence or by affidavit, an e ay db may accept as proof of a will information which appears kt mo the court to be credible though o it is not legal evidence. s b o i (2) A copy of any owf thritten will or, in the case of an oral will, as statement of thaer t p contents thereof of the deceased shall be annexed to the Nao. p pointment of the administrator. (3) The o d rvreiginal will shall be deposited and preserved in the Registry osfe re the High Court, and the provisions of section 69 shall igahp tsply, mutatis mutandis, to such wills and to copies of appllo r. A intments made under this Part. ia an Appointment nza 79. An appointment of an administrator under this Part may may be foro wf h Tole t authorise the administration of either the whole estate or of estate orn specified assetsme the assets specified in the appointment, and shall be effective rn ve throughout Tanzania. o 5 G2 20 Effect of 80.–(1) The appointment of an administrator under this Part © appointment shall operate to vest the assets to which the appointment relates in the administrator as such, who shall, as respects those assets, have the same powers and be subject to the same liabilities as 599 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] if appropriate letters of administration of the estate had been granted to him. (2) An administrator appointed under this Part shall not, unless the district court which appointed him otherwise . orders, be liable to file any inventory or accounts or to give G f O A security. n o (3) Where an administrator is required to file an inventoirssy io or account, the provisions of section 103 shall apply as pief r mthe district court had granted letters of administrationo u tt o the administrator. ith ted w u Unclaimed assets 81. An administrator appointed under thisi sPtr iabrt who has in his hands any assets to which no person s d uorbstantiates a lawful claim within one year from the deathuc eo df the deceased shall forthwith inform the Administrator-rGodp eneral and, if so required by the Administrator-General, shbea rlel transfer those assets to the Administrator-General, and y mtha ose assets shall then be subject to the provisions of sectionks oo 48 and 49 of the Administrator- b Cap. 27 General (Powers and Fhuisn ctions) Act. of t t Revocation of 82. The appointm pean r t of any administrator may be revoked by appointment the district codu o . Nrt which made the appointment for any reason which wouerlvd e justify the revocation of probate or letters of adminis es s trration or the removal of an executor, and with like cons ht ll r eigquences. ia. A Appeals to High an83.–(1) Subject to the Probate Rules, every appointment, Court nz Ta direction, or decision of a district court under this Part shall t o f be subject to appeal to the High Court. n nm e (2) Probate Rules may restrict and regulate such right of ve r o appeal to any extent and in any manner. 5 G 20 2 © District courts to 84. Every district court shall make such returns to the make returns to High Court High Court as may be prescribed by Probate Rules of all its proceedings under this Part. 600 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Restriction on 85.–(1) Where an administrator of a small estate has been grant of probate or letters of appointed under this Part, a grant of probate of the will of the administration of deceased or of letters of administration of his estate shall not small estates be made- . (a) by a District Delegate, unless and until the appointment OAG of an administrator is revoked by the district court f n o which made the appointment; or siois (b) by the High Court unless it considers the graenrmp t is necessary in the interests of justice or for the proout t ection of any beneficiary or creditor. ith d w (2) A grant by the High Court of probate uoteb f the will of the deceased or of letters of administration tri d ios f his estate shall operate to revoke any appointment of an aodr d ministrator under this Part and such revocation shall havdeu c tehe same effect as does the revocation of letters of adminisetpr roation. (3) Except as provided in th r bies section and in section 86, nothing in this Part shall y ma affect any jurisdiction to grant or revoke probate of the owkbo ill of the deceased or letters of administration of his ethsis tate. rt o f Validity of 86.–(1) An app a o op intment of an administrator under this appointments in respect of Part shall notd . b Ne invalid by reason only that it is afterwards estates exceeding discovered rtvhese at the value of the gross estate of the deceased ten thousand shillings exceede e tsd r ten thousand shillings, but, where it becomes aware of slu ricg hh case, the district court shall report the matter to the l Hia. i Agh Court which may, if it thinks fit, grant probate or letters za nof administration. an f T (2) Where the High Court grants probate or letters of nt o e administration under this section, the provisions of section ern m 85(2) shall apply. ov 5 GAdministration 02 87.–(1) Where the gross value of an estate is less than one of estates under ©2 one thousand thousand shillings it shall not be necessary for an administrator shillings to be appointed and such an estate may be administered by the surviving spouse of the deceased or, if there is no surviving spouse, the nearest relative of the deceased who is available 601 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] to act, who shall for that purpose be deemed to have been appointed administrator of the estate: Provided that, where this Act is applied under the provisions of Part IX, the person who may administer such an estate shall . be the nearest male relative of such deceased: G OA Provided further that, the Minister may if he thinks fit, n o f by order in the Gazette, increase the amount which may bseiois administered under the provisions of this section. rm pe (2) A district court presided over by a District maoug t istrate may as respects any such estate within its jurisdictio nwi,th prohibit, d restrict or regulate the exercise of the power cobnu tfeerred by this section and may substitute any other persondi sf tori r the surviving spouse or nearest relative, as the case m r da oy be, as the person who is to administer the estate where,c edu in the opinion of the court, such substitution is necesespa rory to conform with the practice or custom recognised a bse ar pplicable to the case by the parties concerned or is desir ambayle on other grounds. oko B. ADMINISTRiAs bth TION OF SMALL ESTATES f Law applicable 88.–(1) The estataer t oof every deceased person by virtue of to member of specific tribe which an orde p Nr oor direction under Part IX applies shall be estates administered da. ve ccording to the following provisions- R.L. er Cap. 30 (a) thees estate of a member of a tribe shall be administered r Ords. Nos. htsa ccording to the law of that tribe unless the deceased 33 of 1947 s. 5; rig 35 of 1961 All at any time professed Islam religion and the court Second s.; . nia exercising jurisdiction over his estate is satisfied from Cap. 77 s. 3 za [R.L. an the written or oral declarations of the deceased or his Cap.30 ss. 19f ,T o acts or manner of life that the deceased intended his 20, 21] nt me estate to be administered, either wholly or in part, ve rn according to Islamic law, in which case the estate shall o 5 G be administered, either wholly or in part as the case 2 20 may be, according to that law; © (b) the estate of a Swahili shall be administered according to Islamic law unless the court exercising jurisdiction over his estate is satisfied from the written or oral declarations of the deceased or his acts or manner 602 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] of life that he intended his estate to be administered, either wholly or in part, according to any customary law, in which case the estate shall be administered, either wholly or in part, as the case may be according . to that customary law. OAG (2) Where at any time any person to whose estate this Act of n applies by virtue of an order, or direction under Part IX thereisosf io professed the Christian religion, and the court exerpcei rsming jurisdiction over his estate is satisfied in the manner aofuo t resaid that the deceased intended his estate to be administ e th wri ed, either d wholly or in part, according to the law applicabultb ee in Tanzania to the administration of the estates of perso tri disns professing the Christian religion then his estate shall bed ao rd ministered, either wholly or in part, as the case may be, dauc cceording to that law. (3) The President may, if he thinekr psro fit, by Order published in the Gazette, declare what is, for t bhee purpose of this Act, the law of any tribe, either generally oary m on any particular point. (4) Notwithstanding abon oyk customary or Islamic law to the contrary- s th i (a) every creditrot or f shall have the same rights and remedies against ao d pe aceased estate, including the right to follow assets . N rve ;d and (b) a pserson shall not be deprived of a right to succession re htsto property by reason of that person having renounced ll r ig or having been excluded from the communion of any ia. A religion. za n n Wills of memf Tb aers 89.–(1) In the administration of the estate of a deceased person of tribe t o en by virtue of an order or direction under Part IX of this Act, any m ern testamentary disposition purporting to dispose of any part of ov G that estate shall be recognised as a valid will, if it complies with 5 02 the following requirements- ©2 (a) where the estates is to be administered according to customary law if either- (i) the disposition is recognised as valid by such customary law; or 603 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (ii) the disposition is valid in accordance with the provisions of an order of the Minister, whereby it is declared any testamentary disposition, made by the deceased or by any member of a class of . persons which includes the deceased and made OAG in accordance with the provisions of the Indian n o f Succession Act, 1865, relating to wills, and shall istso io the extent and subject to the limitations spe rm pceified in the order be recognised as valid; ut o (b) where the estate is to be administered ac ith wcording to d the law applicable to the estates of persoutb ne s professing the Christian religion, if the dispodsisit triion is made in accordance with the provisions of r dth oe Indian Succession Act, 1865, relating to wills; and ce du (c) where the estate is to be eapd roministered according to Islamic law, if the dispos biet iron is recognised as valid by that law. y m a (2) A testamentary dispooo k b sition to which this section applies shall not be acted on u tnh itsil it has been declared to be a valid will by the court exercis f rit no g jurisdiction over the estate. (3) The origion pa al of any testamentary disposition declared to be a valide w N d. ill under the provisions of this section shall, if in writings,e br ve preserved by the court; in such manner as may e be prehs r tcs ribed by rules of court, and a copy of the will shall be give g ll nri to the administrator of the estate. A ia. (4) Where any oral testamentary disposition is declared n nz a to be a valid will under the provisions of this section, such a of T disposition shall be reduced to writing by the court, and one nt e copy thereof shall be preserved in the manner aforesaid, and ern m another copy shall be given to the administrator of the estate. ov 5 G 02 Omitted 90. [Law applicable to estate of Somalis.] ©2 Cap. 277 s. 5; Ord No. 35 of 1961 Second Sch. Omitted 91. [References to Cap. 16 of the Revised Edition, 1928, in Ords. Nos. 33 of 1947 s. 5; other Ordinances.] 35 of 1961 Second Sch. 604 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] PART IX ESTATES ADMINISTERED IN ACCORDANCE WITH CUSTOMARY LAW, CUSTOM AND ISLAMIC LAW AG. f O Cases in which 92.–(1) The provisions of this Act shall not apply to the n oo Act applies i to estates administration of any estates for the administration of whicmhis sa r administered in primary court has jurisdiction unless- pe accordance with t customary law (a) the Minister, by order published in the Gazetttheoi ,u directs and custom that they shall apply to any specified c w eldass of such Acts Nos. 55 of 1963 s. estates, or to such estates in any particturibla utr area, or to a 9 of 1965 s. 2 specified class of such estates in a par rd itsicular area; [R.L. Cap.29] (b) the High Court, either of its owned m o otion, or upon the application of a district court, ourcod where the estate is not r a small estate, of an intere rset ped party, directs that they shall apply in any partiacyu blear case; or (c) a district court presikd med over by a district magistrate of o its own motion osr b u o pon the application of an interested party, directs otfh i that Part VIII shall apply to any particular small estate,r t pa and in any such case the provisions of this Act sha o . lNl a pply to the extent and in the manner in this Partr vsep decified: Provi se ts dreed that, a district court shall not give any direction undeirgh paragraph (c) of this subsection where an order for the admll r A inistration of an estate has been made by, or proceedings . ani ian respect of inheritance have been commenced in primary nz Ta court, unless the proceedings have been transferred to such Cap. 11 t o f district court under section 47 of the Magistrate’s Courts Act. men n (2) Where the High Court directs that this Act shall apply, er ov it may itself exercise its original jurisdiction in respect of G 25 that estate, or order that a District Delegate shall exercise 0 ©2 jurisdiction, and in either of such cases the provisions of this Act other than Part VIII, shall apply, or may, where the estate is a small estate, direct that a district court presided over by a district magistrate shall exercise jurisdiction, in which case the provisions of this Act other than Parts IV, V and VI and 605 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] sections 51(1), 53 to 59 (inclusive), 63, 64, 66 to 69 (inclusive) and 72, shall apply. (3) [Repealed by Act No. 55 of 1963: R.L. Cap. 537.] 93.–(1) Where an order for the administration of an estate G. Effect of directions of High A Court on orders has been made by, or proceedings in respect of inheritance of O made by primary have been commenced in a primary court, the High Cousrsti o n courts shall not give any directions under section 88(1)(b) unlesmsier it considers that it is necessary in the interests of justice o t oru f por the protection of a beneficiary or creditor that the estate isth w hould be administered under this Act. tedu (2) Where the High Court gives any direcisttiro ibns in any such circumstances as aforesaid, it shall forthowr d ith communicate them to the primary court by which the oucred der for administration was made or in which the proceedin d prgos have been commenced, as the case may be, and the prbi e em r ary court shall revoke the order for administration, or y mstaay the proceedings until a grant has been appointed undero otkhis Act. (3) Where an orderi sf bh or administration has been revoked t by a primary courtr u on f t der this section, all payments bona fide made to a persoon p alawfully acting under any such order shall, notwithstandi N dn. g the revocation thereof, be a legal discharge to the persseor vne making the same, and a person lawfully acting under stsu r ech order shall be entitled to exercise such powers of reteln h ritgion and re-imbursement as if he were an administrator l wia.h Aose letters of administration are revoked under Part VI. za n Tan of PART X t en RE-SEALING OF PROBATES AND rnm ve LETTERS OF ADMINISTRATION o 25 G 20 Interpretation 94. In this Part and in section 4- © “court of probate” means any court or authority, by whatever name designated, having jurisdiction in matters of probate; 606 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] “probate” and “letters of administration” include confirmation and any instrument having in any other part of the Commonwealth the same effect which under this Act is given to probate and letters of administration G. respectively. OA of Sealing of 95. Where a court of probate in any part of the Commonwealthsi,o n probates and s letters of has, either before or after the passing of this Act, gran i ermted administration probate or letters of administration in respect of the estt pou ate of granted outside Tanzania a deceased person, the probate or letters so grant e th wdi may, on being produced to, and a copy thereof deposited d u wte ith the High Court, be sealed with the seal of that court, ansdtri itbhereupon shall be of the like force and effect, and have thoer d same operation in Tanzania as if granted by that court. d ce rod u Conditions to be 96. The High Court shall, beforee r espealing a probate or letters fulfilled before sealing of administration under this Py aba rt, be satisfied in the case of letters of administration, thoka t m security has been given in a sum sufficient in amount to o isc ob ver the property, if any, in Tanzania to which the letters of ft hadministration relate, and may, in any case, require such ear t o p vidence as it thinks fit, as to the domicile of the deceased p No ed . erson. rv Security 97. The se Hre igh Court may, if it thinks fit, on the application of any cigrhe tsditor, require, before sealing, that adequate security be gi. vAe ll nr for the payment of debts due from the estate to creditor nriaesiding in Tanzania. nz a Ta Duplicates oafn t d 98. For the purposes of this Act, a duplicate of any probate copies men or letters of administration sealed with the seal of the court rn ov e granting the same, or a copy thereof certified as correct by or 5 G under the authority of the court granting the same, shall have 02 ©2 the same effect as the original. 607 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] PART XI POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS G. Character and 99. The executor or administrator, as the case may be, of a A property of f O executor or deceased person is his legal representative for all purposes, andio n o administrator as all the property of the deceased person vests in him as suchm:iss such Provided that nothing in this section contained shall o pee r t rate so as to vest in an executor or administrator any prop u itheorty- (a) of a deceased person which would otherewd wise pass by survivorship to some other person; or t rib u (b) vested in a corporation sole as such. t dis d o r Powers in respect 100. An executor or administrator has e du cthe same power to sue of causes of action and debts in respect of all causes of action thraept r osurvive the deceased, and may exercise the same powers yf o ber the recovery of debts due to him at the time of his death, ma as the deceased had when living. ok bo Power to dispose 101. An executor or ias th dministrator has, in respect of the of property, etc. property vested in hofi rt m under section 99, power to dispose of movable propoe pr aty, as he thinks fit, and the powers of sale, mortgage, leeads .i Nng of and otherwise in relation to immovable property sceor vnferred by written law upon trustees of a trust for sale re hts . ll r ig Expenditure 10. A2. An executor or administrator may, in addition to any on care and an a management z oi ther powers of expenditure lawfully exercisable by him, incur an f T expenditure- t o en (a) on such acts as may be necessary for the proper care rnm and management of any property belonging to the ov e G estate; and 02 5 (b) with the sanction of the court, or of a district court having ©2 jurisdiction in the case, on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property. 608 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Executor or 103.–(1) Unless there is express provision to that effect in administrator not to derive benefit the will, an executor or administrator shall not derive any from office pecuniary benefit from his office. Act No. 9 of 1963 s. 9 (2) where an executor or administrator purchases, either . directly or indirectly, any part of the property of the deceased, OAG the sale is voidable at the instance of any other person interested n o f in the property sold or in the proceeds. io iss (3) This section shall not apply to any fee prescribed bermp y or under the law. ut tho w i Powers of several 104. When there are or administrators, the powueter ds of all may, executors or administrators in executors the absence of any direction to thister i bcontrary in the exercisable by one will or grant of letters of administration, be erx d o ercised by any one of them who has proved the will or takeceu nd out administration. rod Powers of 105. For the avoidance of doubt itr eisp hereby declared that- special personal (a) the administrator of effye b e representatives a cts unadministered has, with respect to such effeockt s m, the same powers as the original executor or admsi nb o i istrator; and (b) an administr oaf tthor to whom a grant has been made t under sec t r o piaon 36 during minority has all the powers of an orddi.n Nary executor or administrator. rve Provision for 106. It i rse sethe duty of an executor to provide funds for the funeral perfoigrhm ts ance of the necessary funeral ceremonies of the de r . Ac lel ased in a manner suitable to his condition, if he has left anp iaroperty sufficient for the purpose. nz Ta Inventory aonf t d 107.–(1) An executor or administrator shall, within six months accounetsn Acts Nmos. from the grant of probate or letters of administration, or within n 9v oef r 1963 s. 10 such further time as the court which granted the probate or Go 1 of 2020 s. 44 5 letters may from time to time appoint or require, exhibit in 20 2 © that court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to which the executor or administrator is entitled in that character, and shall in like manner, within one year from the grant or within such further 609 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] time as the court may from time to time appoint, exhibit an account of the estate, showing the assets which have come to his hands and in the manner in which they have been applied or disposed of. . (2) Where the administration is not completed within one OAG year from the grant of probate or letters of administration, the of n executor or administrator shall at intervals of not more thia io ssn six months, or within such further time as the court w rm pehich granted the probate or letters of administration moauy t from time to time appoint or require, and on the comple wtii thon of the d administration, exhibit in the like manner an ac te bcuount showing the assets which have come into his handsdi sa trind the manner in which they have been applied or disp r do osed of since the last account was exhibited. uc e d (3) Where an executor or adminepi rsotrator, on being required by the court to exhibit an inv eben rtory or account under this section, omits to comply w y maith the requisition within the time limited in the requbios oitkion for compliance therewith, he commits an offence an thd is on conviction, shall be liable to a fine not exceeding two rmt o fillion shillings or to imprisonment for a term not exceed a oin pg two years. (4) Wher . N eed an executor or administrator exhibits an intentionaslelry v false inventory or account under this section he comsm r e ht its an offence and on conviction, shall be liable to impll rrii gsonment for a term not exceeding seven years. . Aia (5) A beneficiary under a will, person entitled to a share an nz under an intestacy or unsatisfied creditor shall be entitled f T a o to inspect the inventory and accounts of an executor or en t administrator. ern m (6) This section shall not apply to the Administrator- Gov General unless the Court otherwise directs. 02 5 ©2 General duties of 108.–(1) The executor or administrator shall, with reasonable administration diligence, collect the property of the deceased and the debts that were due to him, pay the debts of the deceased and the debts and costs of administration, and distribute the estate to the 610 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] persons or for the purposes entitled to the same or to trustees for such persons or for the purposes entitled to the same or to trustees for such persons or purposes or in accordance with the provisions of this Act. . (2) Subject to the provisions of this Act, an executor or G OA administrator is not bound to distribute the estate of the n o f deceased before the expiration of one year from the death io isosf the deceased. erm t p ou Order of payment 109.–(1) There shall be paid, in the following order,i tbh efore all of debts w other debts- d ute (a) first, funeral expenses to a reasonable a rib imst ount, according to the degree and condition of the dr ed o ceased, and death bed charges, including fees for umcee ddical attendance and board and lodging for one mporon dth previous to his death; (b) secondly, the expenses obfe roebtaining probate or letters of administration, inmcalyu ding the costs incurred for or in respect of anoyo k judicial proceedings that may be necessary for adms bhi inistering the estate; and t (c) thirdly, wage so fd rt ue for services rendered to the deceased of any woo rp akman, labourer or domestic servant within four mdo. Nnths next preceding his death. (2) Afterrv ese payment of the debts specified in subsection (1), the re tsn there shall be paid any other debts of the deceased accorigdhl r ing to their respective priorities. l ia. A(3) Subject to the foregoing provisions of this section, an za nexecutor or administrator shall pay all such debts as he knows n f T a of, equally and rateably, as far as the assets of the deceased nt o me extend. rn oDve ebts to be paid 110.–(1) Debts of every description must be paid before any 5 Gbefore legacies 02 legacy. ©2 (2) Where the estate of the deceased is subject to any contingent liabilities, an executor or administrator is not bound to pay any legacy without a sufficient indemnity to meet the liabilities whenever they may become due. 611 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Abatement of 111.–(1) Where the assets, after payment of debts, necessary general legacies and equality of expenses and specific legacies, are not sufficient to pay all the legacies general legacies in full, the latter shall abate or be diminished in equal proportions. . (2) In the absence of any direction to the contrary in the G OA will, the executor has no right to pay one legatee in preference of n to another, nor to retain any money on account of a legacy io istso himself or to any person for whom he is a trustee. rm pe (3) For the purpose of abatement, a legacy for life,u t o a sum appropriated by the will to produce an annuity; andi th w the value d of an annuity when no sum has been appropriatbeu tteo produce it, shall be treated as general legacies. str i i or d Abatement of 112.–(1) Where there is a specific legaceu cdy, and the assets are specific legacies sufficient for the payment of debts apnrod d necessary expenses, the thing specified must be deliverbeed r eto the legatee without any abatement. y ma (2) Where the assets aroe ok not sufficient to answer the debts and expenses and the hsps bi ecific legacies, an abatement shall be f tmade from the specrti ofic legacies rateably in proportion to their respective amouon pt as. d. N Right to 113. Whereerv t ehere is a demonstrative legacy, and the assets are demonstrative legacy sufficien es s rt for the payment of debts and necessary expenses, the legat ht reige has a preferential claim for payment of his legacy out of Atl. hl e fund from which the legacy is directed to be paid until an ia z such fund is exhausted, and if, after the fund is exhausted, part Tan of the legacy still remains unpaid, he is entitled to rank for ofnt the remainder against the general assets as for a legacy of the me rn amount of such unpaid remainder. veo 5 G 20 2 PART XII © LEGACIES AND ANNUITIES Assent necessary 114.–(1) The assent of the executor is necessary to complete to complete legatee’s title legatee’s title to his legacy. 612 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (2) The assent of an executor to a legacy may be conditional, and if the condition be one which he has a right to enforce, and it is not performed, there is no assent. . Assent to specific 115.–(1) The assent of the executor to a specific bequest shall G legacy A be sufficient to divest his interest as executor therein, and to O of transfer the subject of the bequest to the legatee, unless thssei o n nature or the circumstances of the property require that it i esrhmall be transferred in a particular way. ut p o (2) The assent may be verbal, and it may be eithe rw ei thxpress or implied from the conduct of the executor. ted trib u s Assent of 116.–(1) When the executor is a legatee, hirs d iassent to his own executor to own o legacy is necessary to complete his titlec etdo it, in the same way legacy as it is required when the bequest is t u rod another person, and his assent may in like manner be exprreepe ss or implied. (2) Assent shall be implied i b afy in his manner of administering the property the executor m odk oes any act which is referable to his character of legatee isa nb od is not referable to his character of executor. th rt o f pa Effect of 117. The assen. Nt oo f the executor to a legacy gives effect to it executor’s assent from the de d raveth of the testator. e res Commencement 118. Whtsh ere an annuity is given by the will, and no time is fixed of annuities rig when no time forA llits commencement, it shall commence from the testator’s fixed by will ndiae . ath, and the first payment shall be made at the expiration of a an z a year next after that event: of T t Provided that, an executor may make advances prior to the n me expiration of such year up to the amount which has accrued rn ve due at the date of any such advance. o G 02 5 2 Payment of 119. Where there is a direction that an annuity shall be paid © annuities when time fixed quarterly or monthly, the first payment shall be due at the end of the first quarter or first month, as the case may be, after the testator’s death, and shall, if the executor thinks fit, be paid when due; but the executor shall not be bound to pay it until the end of the year. 613 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] General 120.–(1) An annuity shall, in the absence of any provisions provisions as to annuities to the contrary in the will, accrue from day to day, and, if the annuitant dies in the interval between times of payment, an apportioned share of the annuity shall be paid to his . representative. AG (2) Where there is a direction that the first payment of an of O n annuity shall be made within one month or any other divisiosniois of time from the death of the testator, or on a day certaipne, r mthe successive payments are to be made on the anniversar t oyu of the earliest day on which the will authorises the first paith w yment to d be made. ute tribis Investment 121.–(1) Where a legacy, not being a spe d ocrific legacy, is given in securities authorised by for life, the sum bequeathed shall at th e uec e dnd of a year from the Probate Rules testator’s death be invested in such psreo dcurities as Probate Rules may authorise or direct, and the p rrebe oceeds thereof shall be paid to the legatee as the same shamlal ya ccrue due. (2) Where a general legoak o cy is given to be paid at a future time, the executor shalils bh invest a sum sufficient to meet it in t such securities as P f rtr o bate Rules may authorise or direct, and the intermediateo pin a terest shall form part of the residue of the testator’s estate. .Nd (3) Wh rve seere an annuity is given and no fund is charged with its paymre ts ent or appropriated by the will to answer it, a sum suffil crigi hent to produce the annuity shall be invested for that pu. A l ia rpose in such securities as Probate Rules may authorise or za ndirect. n f T a Contingent ton 122. Where a bequest is contingent, the executor is not bound bequestes rnm to invest the amount of the legacy, but may transfer the whole veo residue of the estate to the residuary legatee (if any) on his 5 G 02 giving sufficient security for the payment of the legacy if it ©2 shall become due. Directions of 123.–(1) Where the testator has bequeathed the residue of testator as to investment his estate to a person for life with a direction that it shall be invested in certain specified securities, so much of the estate 614 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] as is not at the time of his death invested in securities of the specified kind shall be converted into money and invested in such securities. (2) Such conversion and investment shall be made at such G. times and in such manner as the executor in his discretion OA thinks fit; and, until such conversion and investment shall be of n completed, the person who would be for the time being entitlie io ssd to the income of the fund when so invested shall receive in rm pteerest at the rate of four per centum per annum upon the mut o arket- value (to be computed as of the date of the testator’si th w death) of d such part of the fund as shall not yet have beenb suo te invested. ri ist Minors entitled 124.–(1) Where, by the terms of a beq our edst, the legatee is to immediate ed payment or entitled to the immediate payment or pucossession of the money possession or thing bequeathed, but is a minoprr oa dnd there is no direction in the will to pay it to any persoen r e b on his behalf, the executor or administrator shall, unless ty ma he same is paid or transferred to the Public Trustee in ac k ocoordance with the provisions of the Cap. 31 Public Trustee (Powerhs b is and Functions) Act, pay or deliver t the same into the c f rto ourt by which the probate was, or letters of administratioon p awith the will annexed were, granted, to the account of thed. l Negatee. (2) Suchrv ese payment into the court shall be a sufficient discharg reets for the money so paid. ( gh l3 ri) Such money, when paid into the court, shall be invested l iian. Athe purchase of such securities as Probate Rules may n za authorise or direct, which, with the interest thereon, shall be n f T a transferred or paid to the person entitled thereto, or otherwise t o en applied for his benefit, as the court may direct. rnme (4) Where the legatee is an award of the High Court, v G o payment shall be made to the High Court notwithstanding 250 that the grant of probate or letters of administration was made ©2 by a District Delegate and notwithstanding the provisions of Cap. 31 the Public Trustee’s (Powers and Functions) Act. (5) Where the estate is administered by an administrator appointed under Part VIII of this Act and the legacy is not paid 615 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] or transferred to the Public Trustee, the administrator shall pay or transfer the same in accordance with the provisions of Probate Rules. Produce of 125.–(1) The legatee of a specific legacy is entitled to the clear G. legacies A produce thereof, if any, from the testator’s death: f O o Provided that, a specific bequest contingent in its termsssi o n does not comprise the produce of the legacy between the de i ermath of the testator and the vesting of the legacy, the clear purt p o oduce in such a case forms part of the residue of the testat t woir h’s estate. (2) The legatee under a general residuary bequute dst is entitled to the produce of the residuary fund from thiest rt ibestator’s death: Provided that, a general residuary bequ oer sdt contingent in its terms does not comprise the income wchedu ich may accrue upon the fund bequeathed between the dperao dth of the testator and the vesting of the legacy; such incombee r egoes as undisposed of. ay Interest on 126.–(1) Where no time h oaks m been fixed for the payment of a general legacies general legacy, interest isb be ogins to run from the expiration of one year from the te sotf athtor’s death: t Provided that, wa r p here- (a) the ledg. a Ncoy is bequeathed in satisfaction of a debt, inteerve est runs from the death of the testator; or (b) es sa r sum is bequeathed to a minor with a direction to pay t rig h for his maintenance out of it, interest is payable from All . the death of the testator. nia za (2) Where a time has been fixed for the payment of a n Ta general legacy, interest begins to run from the time so fixed. t o f n The interest up to such time forms part of the residue of the e rnm testator’s estate. veo (3) The rate of interest shall be four per centum per annum. 25 G ©20 Interest on 127.–(1) Interest is not payable on the arrears of an annuity annuities within the first year from the death of the testator, although a period earlier than the expiration of that year may have been fixed by the will for making the first payment of the annuity. 616 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (2) Where a sum of money is directed to be invested to produce an annuity, interest at four per centum per annum is payable on it from the death of the testator. Residue to be 128. The surplus or residue of the deceased’s property, after G. paid to residuary f O A legatee payment of debts and legacies, shall be paid to the residuary o legatee when any has been appointed by the will. ion iss rm Transfer of assets 129. Where a person not having his domicile in Tanzant pia e has from Tanzania u to executor or died leaving assets both in Tanzania and in the cothuoi ntry in administrator which he had his domicile at the time of his death,t eadn wd there has in country of domicile been a grant of probate or letters of administrsattr iiboun in Tanzania with respect to the assets there and a granort d oi f administration in the country of domicile with respecetd c to the assets in that country, the executor or administrat u pro dr, as the case may be, in Tanzania, after having given suche r enotices as are referred to in section 134 and after having dyi ba scharged, at the expiration of the time therein named, souk c mh lawful claims as he knows of, may, instead of himselfi sd bi ostributing any surplus or residue of the deceased’s prop eorf tthy to persons residing out of Tanzania t who are entitled pat rhereto, transfer, with the consent of the executor or ad o d. m N inistrator, as the case may be, in the country of domicileer,v ethe surplus or residue to him for distribution to those pse r essons. ht ll r ig ia. A PART XIII an nz REFUNDING OF LEGACIES Ta of Refunde onft legacy 130. An executor who has paid a legacy under the order of a paidn umnder court oredrer court is entitled to call upon the legatee to refund in the event Gov of the assets proving insufficient to pay all the legacies. 5 02 ©2 No refund if paid 131. When an executor has voluntarily paid a legacy, he cannot voluntarily call upon a legatee to refund in the event of the assets proving insufficient to pay all the legacies. 617 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Refund 132.–(1) When the time prescribed by the will for the when legacy becomes due performance of a condition has elapsed, without the condition on performance having been performed, and the executor has thereupon, with further time allowed without fraud, distributed the condition assets, in such case, . if further time has, under subsection (2) of this section, been OAG allowed for the performance accordingly, the legacy cannot be f n o claimed from the executor, but those to whom he has paidis sit io are liable to refund the amount. ermp (2) Where the will requires an act to be performeodu t by the legatee within a specified time, either as a condiwti ithon to be d fulfilled before the legacy is enjoyed or as a cbou tnedition upon the non-fulfilment of which before the sub i djies tcr t-matter of the bequest is to go over to another person r d, o r the bequest is to cease to have effect, the act must be pedruf coermed within the time specified, unless the performance eopf r oit be prevented by fraud, in which case such further time bseh rall be allowed as is requisite to make up for the delay cau sme ady by such fraud. k oo When legatees 133. When the executhoisr bhas paid away the assets in legacies, compellable t to refund in and he is afterwardrts o fo bliged to discharge a debt of which he proportion had no previouso n po a tice, he is entitled to call upon each legatee to refund in pdr. o Nportion. rve 134.–(1)r eWs e Distribution of s here an executor or administrator has given such assets noti crige hst as may be prescribed by Probate Rules, for creditors anAdll. others to send in to him their claims against the estate nia za of the deceased, he shall, at the expiration of the time therein n Ta named for sending in claims, be at liberty to distribute the t o f n assets, or any part thereof, in discharge of such lawful claims as e rnm he knows of, and shall not be liable for the assets so distributed e ov to any person of whose claim he has not had notice at the time G 02 5 of such distribution. ©2 (2) This section shall not prejudice the right of any creditor or claimant to follow the assets, or any part thereof, in the hands of the persons who may have received the same respectively. 618 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] When creditor 135. A creditor who has not received payment of his debt may may call upon legatee to refund call upon a legatee who has received payment of his legacy to refund, whether the assets of the testator’s estate were or were not sufficient at the time of his death to pay both debts . and legacies, and whether the payment of the legacy by the AG O executor was voluntary or not. of ion ss Legatee’s rights 136.–(1) Where the assets were sufficient to satisfy all rmt ihe to require other e legatees to refund legacies at the time of the testator’s death a legatee who p o uh t as not received payment of his legacy, or who has been comith w pelled to refund, under section 135, cannot oblige one whuote dhas received payment in full or refund, whether the legacyis trw ibas paid to him with or without suit, although the asset so r hdave subsequently become deficient by the wasting of theu ecex decutor. (2) Where the assets were not d psruofficient to satisfy all the legacies at the time of the testabteo rre’s death, a legatee who has not received payment of his lmeag ya cy must, before he can call on a satisfied legatee to refunodo k, first proceed against the executor if he is solvent; but, if thise bh executor is insolvent or not liable to t pay, the unsatisfied loef rt gatee can oblige each satisfied legatee to refund in proporot pi aon. (3) The refu. nNd ding by one legatee to another shall not exceed the sum beyrvs ewhich the satisfied legacy ought to have been reduced re ts if the estate had been properly administered. igh Refunding to be 13A7ll r . . The refunding shall, in all cases, be without interest. without interest an ia z Tan PART XIV oft en DEVASTATION m ern G oLviability for 138. When an executor or administrator misapplies the estate 25 misapplication 0 of the deceased, or subjects it to loss or damage, he is liable to ©2 make good the loss or damage so occasioned. Liability for 139. When an executor or administrator occasions a loss to neglect the estate by neglecting to get in any part of the property of the deceased, he is liable to make good the amount. 619 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] PART XV ADMINISTRATION OF WAKF PROPERTY Interpretation 140. In this part, unless the context otherwise requires- . [R.L. Cap. 326] “Commissioner” means a member of the Wakf Commission AG O appointed under section 142 of this Act; of sio n “trustee” includes any person, whether alone or jointly wiisth another, in control of any property the subject of a wak rm t fp eor in receipt of any rents or profits thereof; outh “wakf ” means an endowment or dedication in da wc icordance with Islamic law of any property withinrib utTeanzania for religious, charitable or benevolent pu rdips toses or for the r maintenance and support of any meemd ober of the family of the person endowing or dedicati uc ondg such property; “Wakf Commission” means th r ree p Wakf Commission of Tanzania constituted undery bs eection 142 of this Act. a k m Wakfs to be valid 141. Notwithstanding thebo oprovisions of the Land Act and any and effective Cap. 113 law thereby applied to tthh ise Tanzania, the making by any person, after the date of the c oofart ming into operation of this Act, of a wakf which, but for Ntho ep provisions of the said Act and applied law, would be effeedc .t ive and valid, shall not be unlawful, ineffective or invalid earves nd any provision of the said Act or applied law whichh w r ts ould operate to render ineffective or invalid any of the term g ll r is or provisions of any wakf so made, shall have no effect. a. A i Constitution an nz 142.–(1) There is hereby constituted a body to be known as the of Wakf Commissionf T a Wakf Commission of Tanzania. t o en (2) The Wakf Commission shall consist of not less than m ern eight persons to be appointed by the President of whom not ov G less than five shall be Muslim. 5 20 2 (3) The President shall appoint a Chairman and a Secretary © from among the members of the Wakf Commission. (4) Members of the Wakf Commission shall hold office during the pleasure of the President. 620 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (5) Proceedings or act whatsoever of the Wakf Commission shall not be invalidated in consequence only of there being any vacancy in the number of members at the time of such proceedings or act. G. A Wakf 143.–(1) The Wakf Commission shall be a body corporate of O Commission to on be body corporate having perpetual succession and a common seal with powsesri with common to acquire, hold or alienate property whether movable i er,m or seal immovable, and shall have all the powers, functions anodu t dp uties conferred and imposed by this Act. ith w (2) The Wakf Commission may sue and butee dsued in its corporate name and may for all purposes be rib isdtescribed by that name. or d (3) The seal of the Wakf Commissionuc,e w d hich shall be of such design as the President may approvepr,o s dhall be authenticated by the signature of the Chairman, oer rb ae Commissioner other than the Secretary authorised to acmta i yn that behalf, and the Secretary, and such seal shall be officoioa k lly and judicially noticed. (4) All documents ( b hoisther than those relating to dealings in t land which shall be se f rt oaled with the seal of the Wakf Commission) made by, and al a ol pdecisions of, the Wakf Commission may be signified undedr. Nthe hand of the Chairman, and a Commissioner authorisede irvs ne that behalf, or the Secretary. re 144.–(h1t s Meetings and rig ) The Wakf Commission shall hold a meeting at least quorum on. Ac lle every three months. ia za n (2) The Chairman shall preside over all meetings of the n Ta Wakf Commission at which he is present and in his absence f nt o from any meeting the commissioners present shall elect a e rnm Commissioner to preside over the meeting. veo (3) A quorum of the Wakf Commission shall be four of G 02 5 whom one shall be either the Chairman or the Secretary. ©2 Register of wakf 145.–(1) The Minister may by notice in the Gazette direct that property and trustees this section shall apply to any area of Tanzania specified in Ord. No. the direction and thereupon this section shall apply as herein 9 of 1956 provided. 621 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (2) Where a direction has been made, as provided in subsection (1) of this section, this section shall apply to the following wakfs (herein referred to as registrable wakfs), that is to say- . (a) any wakf in respect of which the whole or any part of OAG the property comprised therein consists of immovable of n property, the whole or any part of which is situatesdiois wholly or partly in an area to which this sectiopne r mhas been applied; and ut o (b) any wakf in respect of which any one of t ith whe trustees d normally resides in any area to which tbhu ties section has been applied. str i di (3) Whenever a wakf becomes a reg r di sotrable wakf it shall continue as a registrable wakf notwithdus cteanding any change in the nature of the property compris ro eepd therein, or the situation thereof, or any change of ordi bnea rry residence of any of the trustees thereof. y m a (4) The Wakf Commiosob skion shall keep, in such form and containing such particuhis t la rs as may be prescribed, a Register of all property the subrjte oc f t of a registerable wakf and of all trustees of such property. pa (5) Every tru. N o ed stee of property the subject of a registrable wakf shall, withseinr v three months of the date on which it becomes e a regis r httsrable wakf, whichever is the later, apply to the Wakf Coml ril mg ission to register the same, and such application shall be iian. Asuch form and contain such particulars and accompanied an nz by such fee as may be prescribed. of Ta (6) Every trustee of property the subject of a registrable wakf nt e shall, within three months of the date on which it becomes ern m a registrable wakf, or within three months from the date on v G o which he becomes such a trustee, whichever is the later, apply 25 20 to the Wakf Commission to be registered as such, and such © application shall be in such form and contain such particulars and accompanied by such fee as may be prescribed. 622 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (7) Where a person has ceased to be a trustee of property the subject of a registrable wakf such person shall, within one month of the date on which he has so ceased to be trustee, notify the Wakf Commission of the fact that he has so ceased . to be a trustee, and he shall be deemed to be a trustee until the G OA Wakf Commission has been so notified: of n Provided that- siois (a) where such person has ceased to be a trustee by rpeea rmson of his death the notification required to be mad t oeu under this subsection shall be made by the perso wni t hwho has d succeeded him as trustee; or uteb (b) where there is more than one trustee oisftrd tihe property the subject of a registrable wakf the dn oo r tification required to be made under this subsectiuocd ne may be made by the remaining trustee or trustee ro eps. (8) The Secretary to the Wbe rakf Commission shall, by certificate issued under his ha y mn ad notify every change of trustees of property the subject ofb k oao registrable wakf- (a) in the case of p rtho isp erty relating to land registered under f Cap. 334 the provisiornt os of the Land Registration Act, or of any Act amenod p aing or replacing the same to the Registrar of Titlese;d o . Nr (b) in tehrvs e case of property relating to land not so registered, e htst or the Registrar of Documents, andll rei gvery such certificate shall specify the land to which it riae. l Aates. an nz (9) All fees specified in the Fifth Schedule to this Act, which Ta of are for the registration or property, the subject of a registrable nt e wakf and for the registration of trustees shall be credited by rnme the Wakf Commission to a fund to be known as the General v G o Administration Fund. 5 20 2 (10) Any trustee who, without reasonable cause the proof © of which lies on him, fails to comply with the provisions of subsection (2) or (3) of this section commits an offence against this Act. 623 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Wakf 146.–(1) In any case in which it appears to the Wakf Commission may hold inquiry Commission that- and take over (a) there is no properly constituted trustee of a wakf; administration of wakfs (b) any trustee who has acted or is acting in an improper, . unauthorised, or unlawful manner; or AG O (c) a change of administration of a wakf would be beneficial n o f to such wakf, the Wakf Commission may, of their owsniois motion, or on the motion of any person interestpee rdm in such wakf, hold an inquiry: ut o Provided that, notice of such an inquiry shall itbh w e given, d in such manner as may be prescribed, to all pueteb rsons having any interest in the wakf and such persons shdias tlrli by such notice be invited to appear and give evidendc oe r before the Wakf Commission. ce du (2) Where after holding suc ro eph an inquiry the Wakf Commission finds that there is n boe rproperly constituted trustee of the wakf, or that any tru mstaeye has acted or is acting in an improper, unauthorised obor o kunlawful manner, or that a change of administration wou thl ids be beneficial to the wakf, the Wakf Commission may f rmt oake an order either declaring that the property the suboj epc at of the wakf shall in future be administered by the Wakf Cd.o N e mmission or appointing some other person or persons tos ebr ve a trustee or trustees and such order shall specify e the props rht erty to which it relates. ( g ll3 ri) Upon the making of an order under the provisions of siau. Absection (2) of this section- n nz a (a) declaring that the property the subject of the Wakf a of T shall be administered by the Wakf Commission, t en such property shall, subject to any law relating to m ern the registration of land for the time being in force, ov G thereupon vest in the Wakf Commission; 25 20 (b) appointing a new trustee or trustees of the wakf, the © property the subject of such wakf shall, subject to any law relating to the registration of land for the time being in force, thereupon vest in such new trustee or trustees: 624 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Provided that, the provisions of this subsection shall not apply in any case where the order made by the Wakf Commission has been reversed on appeal under the provisions of subsection (5) of this section. . (4) The Secretary to the Wakf Commission shall send a copy AG O certified under his hand of any order made under subsection f n o (2) of this section to the Registrar of Titles where the ordesriois Cap. 334 relates to any land registered under the provisions of thep L eramnd Registration Act or any Act amending or replacing tohue t same and to the Registrar of Documents where the orderi th w relates to d any land not so registered. uteb (5) A person aggrieved by an order of the Wdis tarikf Commission made under this section may appeal to and Ao r ppeals Tribunal, to be appointed by the President for thda e uct purpose, to have the matter reconsidered by the Appealesp T roribunal, and the decision of the Appeals Tribunal thereon b se hr all be final and conclusive. (6) A person appealing to y m athe Appeal Tribunal under the provisions of subsection o(kbo 5) of this section shall have the right to appear or to btehis represented by an advocate before the Appeals Tribunal on f rt o the hearing of such appeal. o p a Trustees of 147.–(1) The dW. Nakf Commission may at any time call upon any wakfs may be called upon to trustee of r sweavekf property to satisfy it that such property is being produce evidence properly r ets administered and may require such trustee to produce of proper gh administration of any All dri ocuments or books, whether of account or otherwise, in their trusts hiai. s possession or control relating to such property. za n (2) Any trustee who fails to comply with any requirement to Tan f produce any documents or books in his possession or control nt o e made by the Wakf Commission under subsection (1) of this rnme section commits an offence against this Act. ov 5 G 02 Certain contracts 148. A contract or agreement of any description whatsoever ©2 or agreements relating to wakf purporting to sell or otherwise alienate any property the property must subject of a wakf or purporting to mortgage such property or be sanctioned by Wakf purporting to lease the same for any period exceeding one year Commission shall not be valid unless the sanction in writing of the Wakf Commission has first been obtained. 625 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Titles to wakf 149. Notwithstanding anything to the contrary in any Act or property shall not be acquired law for the time being in force, no title to any property the by prescription subject of a wakf shall, after the commencement of this Part or adverse possession after be acquired by any person by reason of such person having . commencement been in adverse possession thereof or by reason of any law of AG of this part O prescription. of n ss io How wakf 150.–(1) Subject to the provisions in subsection (2)rm iof property to be e administered this section all property the subject of any wakf wuht p o ich is administered by the Wakf Commission shall be adm ith iwnistered in accordance with the intentions of the maker of thute dwakf if such intentions are lawful according to Islamic lawt raibis nd are capable of being carried into effect, and whether osr ud ch intentions are ascertainable by reference to tradition coedu r by reference to any other evidence lawfully obtainable. pro d (2) In any case where in the opien rb ieon of the Wakf Commission the intentions of the makmear y of a wakf are unlawful or unascertainable or are incoapk o able of being carried out or where any surplus revenue hriesmb ains after fulfilling the intentions t of the maker of the owf rt akf, the Wakf Commission shall apply the property the a o spubject of the wakf, or any surplus property or revenue thde. r Nefrom, as the case may be, for such religious, benevolenste r voer charitable purposes on behalf of Muslims as appear tst or e the Wakf Commission to be proper: P gh l rriovided that, it shall not be lawful for the Wakf l Cia.o Ammissioners to apply any property, surplus property or za nrevenue therefrom under the provisions of this subsection for Tan f any purpose connected with another wakf so long as there still o en t exists any property the subject of such latter wakf. ern m oWvakf 151. Where it appears to the Wakf Commission that in respect 5 G2 Commission 0 of any of the intentions of the maker cannot reasonably be 2 may dispose of © wakf property carried into effect and that it is accordingly expedient that the in certain property the subject of the wakf or any part thereof should be circumstances leased, exchanged or sold, the Wakf Commission may cause such property or part thereof to be leased, exchanged or sold 626 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] and shall apply the proceeds of such lease, exchange or sale in the manner provided under section 150(2) of this Act. Permission 152.–(1) A person who is the dedicator of property as wakf or requisite to build Mosques a trustee of such property shall not build or cause to be built AG. or to establish a mosque or establish or cause to be established a cemetery f Oo cemeteries unless, prior thereto, he shall first have obtained the consenstios n in writing of the Wakf Commission in that behalf and eh i rmave satisfied the Wakf Commission that the proposed moustq p o ue or cemetery is or is about to be so well and sufficientl th wyi endowed as to provide for its due maintenance and good outre dder. (2) A person who fails to comply with itshtr ieb provisions of subsection (1) of this section commits an o or dffence against this Act. ce d u rod Fees 153.–(1) Where any property whei rc ehp is the subject of a wakf is administered by the Wakf Comay m b ission there shall be charged by the Wakf Commission m oikn respect of its duties such fee as may be prescribed. s b o i (2) The moneys d oef rthived from such fees shall be applied by t the Wakf Commi psas rion towards the administrative costs of the Wakf Commids.s o Nion. (3) Wheervr ee over any period of twelve months such fees exceed es s trhe administrative costs of the Wakf Commission over t r igth h e same period the surplus may be paid into the Wakf C.o Am ll mission Charitable Fund by the Wakf Commission. an ia z (4) The Wakf Commission Charitable Fund shall be used Tan for such charitable purposes as the Wakf Commission may ofnt consider proper. e rnm oAvc ecounts and 154. The Wakf Commission shall keep proper accounts of 5 Gaudit 2 all property and money which comes into their hands and 20© such accounts shall be audited by an auditor approved by the President at such times as the Minister may direct. 627 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Banking accounts 155.–(1) The Wakf Commission shall open a banking account or banking accounts into which all moneys received by the Wakf Commission shall be paid and out of which all payments authorised by the Wakf Commission shall be made. . (2) Banking account referred to under subsection (1) AG O shall be operated by the Chairman, or a Commissioner duly of n authorised in that behalf by the Wakf Commission, and thseiois Secretary. ermp ou t Rent Restriction 156. The provisions of the Rent Restriction Act, or w oi thf any Act Act not to apply to wakf properties amending or replacing the same, shall not appluyte dto any wakf Act No. properties which are administered by the Wisatrk ibf Commission 42 of 1962 under the provisions of this Act. or d ce d Penalties 157. A person who commits an off u roednce against this Act on conviction shall be liable to a finee nr epot exceeding two thousand shillings or to imprisonment ayfo br a period not exceeding six months, or to both. k mo s b o i Regulations 158.–(1) The Ministeorf tmh ay make regulations for all Regulations or any of the follopwa rit ng purposes: (a) prescrib . Nin o g the procedure to be followed by the Wakf Comrvme dission in the exercise of its powers, duties and f uren sections under the provisions of this Act, including igh tsthe delegation of the said powers, duties and functions, All r . or any of them, other than those under section 146, to ia an any person or body of persons; nz f T a (b) prescribing the time within which and the manner in t o which appeals to the Appeals Tribunal shall be made, en nm the fees to be paid, and generally the procedure to be er ov followed in any such appeal; 25 G (c) prescribing anything required to be prescribed under 20© the provisions of this Act; and (d) generally for the better carrying out of the provisions of this Act. 628 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] (2) Regulations made under this section may provide in respect of a breach of the provisions thereof a penalty not in excess of the penalties specified in section 157. . PART XVI OAG ISLAMIC ESTATES BENEVOLENT PAYMENTS n o f siois Discretion of 159. In any case in which, according to the Islamic Lawr pe, mthe district officer to make payments whole or any part of an estate is payable to the Treasuthor uyt (Beit- el-Mal), a district officer may, in his discretion, or i dd wer that the whole or a part of the amount so payable but unteib ot exceeding r a sum of one thousand shillings be dis st dtiributed, in such proportions as he may think fit, among or e dthe husband, wife or wives, or other dependants of the decdeua csed: o Provided that, where the estatreep ris one to which this Act applies, a district officer shall n boey t make an order under this section without the prior k cmo ansent of the court which has jurisdiction in the adm o bino istration of such estate or, if the estate is administeredf t h ibs y the Administrator-General, of the Administrator-Genaret oral. o p . N ve d PART XVII ers re MISCELLANEOUS PROVISIONS ts rig h Provisions 16A0ll. . In Parts XII and XIII the provisions as to an executor shall applied to administrator ana iapply also to an administrator with the will annexed. z with will annTexaend f Depositorty o of 161. Subject to the provisions of Probate Rules, the wills of wills o n mfe living living persons may be deposited in the Registry of the High peerrsnons v Court, and every such will so deposited shall be preserved in 5 G o the Registry under the control and direction of the High Court. 02 ©2 Affidavits in 162. An officer authorised for the purpose by a trust corporation case of trust corporations or a director or member of the governing body thereof may, on behalf of the corporation, take an oath, swear affidavits, give security or do any other act or thing which a court may 629 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] require with a view to the grant to the corporation of probate or administration, and the acts of an officer so authorised, director or member, shall be binding on the corporation. Validity of 163. Nothing herein contained shall- G. testamentary f O A dispositions (a) validate any testamentary disposition which would o and rights to otherwise have been invalid; n sio maintenance s preserved (b) invalidate any such disposition which would otherewrmiise have been valid; or t p ou (c) deprive any person of any right of main wtei thnance to which he would otherwise have been entitteldu ed. str ib Omitted 164. [Amends certain Ordinances.] dir d o ce Certain Acts 165.–(1) The Acts specified in the u ro dFirst Part of the Third disapplied Schedule are disapplied to Tanzan p reia to the extent specified in the fourth column of that Scheayd buele. (2) [Repeals various Ordki nmances.] bo o Savings 166.–(1) The continuihtisf t y of the law relating to the grant of probate and letterarst oof administration, the appointment of administrators aon p N d the administration of estates shall not be affected by thveed .repeal or disapplication of any of the enactments or any orefs etrhe provisions specified in the Second and Third Schedhutsl es, and where any application has been made for any riggraAnll t or appointment under any such enactments or provisions no iar. the administration of any estate has been commenced za an thereunder, it shall continue under the provisions of this Act. T t o f (2) All grants of probate and letters of administration enm made in Tanzania under the Indian Succession Act, 1865, ernv or the Indian Probate and Administration Act, 1881, every o 5 G appointment of an administrator under the Administration 02 ©2 R.L. (Small Estates) Ordinance, every sealing of probate or letters Cap. 28 R.L. of administration under the Probates (Re-sealing) Ordinance Cap. 30 and all orders and directions given by a court of competent jurisdiction in Tanzania under any of the said enactments shall 630 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] have effect as if they were made, appointed, sealed or given as the case may be, under the appropriate provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, the appointment of an administrator of the estate of . a deceased African under the Administration (Small Estates) G OA Ordinance shall have effect notwithstanding that the value of f n o the estate exceeds the value of a small estate. siois (3) Notwithstanding the repeal or disapplication opfe rmany enactment or any of the provisions specified in the Secooun t d and Third Schedules- with d Supp. 58 (a) the appointment of any District Delegatbeu; te R.L. Cap. 28 p. 6 (b) the Probates (Re-sealing) Rules; ri di st Supp. 57 (c) the Administration (Small Estates r d) o Rules; R.L. ce Cap. 30 p. 10 (d) any order made or direction gdiuven under section 17 of R.L. the Administration (Small Epsroe tates) Ordinance; Cap. 315 (e) leave granted under sect bioenr 2 of the Administration of Estates by Corporatio mn asy Ordinance, shall be deemed to have obo k b een made, issued or given, as the case may be, under th teh isa ppropriate provision of this Act. rt o f Transitional 167.–(1) Whereo sp aecurities are registered or inscribed in the provisions name of a synd. Nd icate on behalf of a trust corporation or land or any chargee rv e s is registered in the name of such a syndicate, such securittise rs e, land or charge shall be transferred by the syndicate to th reigl hcorporation, or as the corporation directs: Al ia. Provided that no such transfer shall operate as a breach anz of covenant or condition against alienation or give rise to a Tan forfeiture. nt of e (2) Where an application is made to the High Court for ern m the sealing of probate or letters of administration under Part v G o X in respect of the estate of any person who died before the 5 02 twentieth day of October, 1959, the High Court shall before ©2 sealing the same, be satisfied that estate duty has been paid or that security for the payment thereof has been given to the satisfaction of the Estate Duty Commissioners in respect of so much, if any, of the estate as is liable to estate duty in Tanzania: 631 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] Provided that this subsection shall not apply where the application is made by or on behalf of the Administrator- General. (3) Where a testator died before the date upon which this Act . came into operation bequeathing legacies which, immediately AG O prior to that date, bore interest under the provisions of of n exception to section 130 or the exception to section 312 of tihseios Indian Succession Act, 1865, then, notwithstanding sepce rtmion 126 of this Act, those provisions of these Acts shall contuit o nue to apply to such legacies. th d w i (4) Where a person, whose estate is beingu taeb dministered under or in accordance with the provisiondsi so trif this Act, died before the date on which this Act camed oi r nto operation, the provisions of section 109(1)(c) of thi e dsu cAct shall be read as if the words “three months” were sub ro esptituted for the words “four months” therein. be r (5) Where a person, wh om asye estate is being administered under or in accordance woob itkh the provisions of this Act, died before the date on whi tchh is this Act came into operation and any interest is payable urtn od f er sections 123, 126 or 127 of this Act in respect of a perioo pd a after that date, such interest shall be paid at the rate pres. cNed ribed in this Act in respect of the period after that date. rv res e 168. iSgh ts Saving of powers l r ubject to the provisions of section 124(4) this Act shall of Administrator- l General and niao. At be construed as derogating from the provisions of the Public Trustee anz Administrator-General (Powers and Functions) Act or the Cap. 27 n Cap. 31 f T a Public Trustee (Powers and Functions) Act or affect the rights, t o en duties or privileges of the Administrator-General or the Public ern m Trustee or an Assistant Administrator-General. v 5 G o 02 ©2 632 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] FIRST SCHEDULE (Made under section 7(6)) STATES TO WHICH SECTION 7 APPLIES G. A of O n The United States of America The Italian Republic. io iss The French Republic. The United States of Mexico. ermp The Federal Republic of Germany. The Kingdom of Norway. ut ho The Kingdom of Greece. The Kingdom of Sweden it ted w trib u s SECOND SCHEDULEor di ed (Made under section u1cod 6(6)) r [Omitted re p .] y b e a k m THIRoDo b SCHEDULE is (Mf t oa thde under section 165) r R.L. Cap. 445 a s. 141 NoE pNACTMENTS DISAPPLIED ed . erv res PART I hts ll r ig Y.e Aar. No Title Extent of repeal of application ia za n 1865 X The Indian Succession Parts XXIX to XL (inclusive) and an Act section 333. T t o f 1881 V The Indian Probate The Whole Act. en and Administration m Act ve rn 5 G o 02 PART II ©2 [Omitted.] 633 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] FOURTH SCHEDULE (Made under section 6(1)) FORM . APPOINTMENT OF AN ADMINISTRATOR AG OF A SMALL ESTATE THE PROBATE AND O of ADMINISTRATION ESTATES ACT (CAP. 352) sio n s In the Court of i rm Administration of the estate of .....................................................u. e t. .p........... ......................... tho on this ............................................ day of ...............................d.. .w.. i...... 20........ , was appointed administrator of the estate (or of theu atessets specified below) of the late............................................................t.r.ibis .............................. ........................who died on the ..............................r. .d........ day of .............. ..........................., 20.............., having undertakeedn o well and faithfully to administer the estate as hereunder mentiondeudc . pro (A copy of the Will of the deceased is raee nnexed and the estate is to be administered accordingly.) ay b k. .m........................................................... oo is b (Signature and designation of f th officer holding the Court) rt o I (or we) hereby s a oo plemnly and sincerely declare that I (or we) will well and faithfudl.l y N administer the estate of the above-named deceased person, payienrvg e his just debts and distributing the residue of his estate according r et so law, and will keep true and fully detailed accounts of all and sinhgtsular the estate and effects of the deceased and of my (or our) deallli nr igg with the property and will produce them to the said court wa.h Aenever required. ni nz a a Dated this ................................ day of .............................................., 20....... of T .................................................... en t rnm ............................................................. ve Go (Signature of administrator) 5 20 2 © 634 THE PROBATE AND ADMINISTRATION OF ESTATES ACT [CAP. 352 R.E. 2023] FIFTH SCHEDULE (Made under section 145 (9)) RATES OF ESTATE DUTY . Value of Property Rate of Duty AG O (a) Not exceeding Shs. 2,000,000/= - of on (b) Exceeding Shs. 2,000,000/= but not Shs. 11,970/= plus 9% of the amounsts i exceeding Shs. 2,100,000/= in excess of 2,000,000 i erm (c) Exceeding Shs. 2,100,000/= but not Shs. 11,970/= plus 18% of th p uet exceeding Shs. 2,300,000/= amount in excess of Shs. 2th,1oi 00,000/= (d) Exceeding Shs. 2,300,000/= but not Shs. 47,975/= plus 27e%d wof the exceeding Shs. 2,700,000/= amount in excess ouf tb Shs. 2,300,000/= i (e) Exceeding Shs. 2,700,000/= but not Shs. 155,970/= r isptlus 36% of the exceeding Shs. 3,100,000/= amount in eoxr c dess of Shs. 2,700,000/= (f) Exceeding Shs. 3,100,000/= but not Shs. 299c,e9 d70/= plus 54% of the exceeding Shs. 3,500,000/= amooudn ut in excess of Shs. 3,100,000/= r re p y b e k m a bo o f th is rt o o p a . N rve d e s r es t l ri gh Al nia . nz a Ta f nt o me ve rn o 5 G 02 ©2 635 G. A of O sio n is rm t p e ou ith ted w u str ib i or d ce d u rod re p e ay b k m oo his b f t art o No p ed . rv se ts re igh All r nia . nz a a f T nt o me ve rn 5 G o 2 ©20