tanzania probate rules

(2) An application under paragraph (1) of this rule shall be lodged together with the petition and all other documents required to be lodged therewith except the administration bond. (7) Sealed packets containing wills received under this rule shall be numbered consecutively and a register of such packets shall be maintained.    Every chamber summons shall, unless the court otherwise directs, be heard by a Judge in chambers. (3) A petition under paragraph (2) shall be in the form prescribed in Form 39 set out in the First Schedule and shall, subject to the provisions of these Rules, be accompanied by the following documents– Grant for collection preservation of property. (3) An order revoking or annulling a grant shall be in the form prescribed in Form 15 set out in the First Schedule.    (e)   a certificate as to the financial position of the sureties; Rule 90(1) of the Rules which governs institution of appeals to this Court requires the appeal to be lodged within sixty days from the date when the notice of appeal is lodged. PART IIIPROTECTION OF ESTATES PENDING GRANT (rules 24-25), (1) An application for appointment of a receiver under section 10 of the Act shall be made by chamber summons supported by an affidavit or affidavits showing–. (1) An application under section 60(2) of the Act for examination of any person alleged to have any knowledge of any testamentary paper or writing or of an oral will shall be by chamber summons supported by an affidavit setting out the reasons for such application.    (b)   the last will and testament of the deceased except where such will and testament is already in possession of the court;    (i)   except where the proposed receiver is the Public Trustee or the Administrator-General, that the person proposed to be appointed as receiver is a fit and proper person to be so appointed. 83. Translation in English (2A) Where a petitioner fails to make an application under section 59(2) of the Act within thirty days after the petition or the caveat has been lodged, whatever is the later, the Registrar shall cause a notice in the form prescribed in Form 63A set out in the First Schedule to be served upon the petitioner requiring him to lodge such application within a further period of twenty-one days from the date of the service of the notice. Where under the Act or these Rules the court makes an order requiring a petitioner to file in or produce to the court any affidavit or other document then, unless such order was made by the court in the presence of the petitioner, a certified copy of the order shall be served upon him.    (d)   in such other security as the court may approve on application of the executor or administrator. (b)   such person or persons, being beneficiaries under the will, as would have been entitled to the whole or part of the testator's estate had the testator died intestate. (2) The petition for grant shall give all the facts and describe all the circumstances which may raise a presumption that the testator was a person entitled in law to make an oral will. 80. 61.    (c)   in the savings bank which is deemed to be duly constituted; or    (1) An application for rectification of a grant under section 48 of the Act may be made by chamber summons supported by an affidavit setting out the grounds for such application. 62.    (c)   an administrator's oath;    The forms in the First Schedule to these Rules, where applicable, and where they are not applicable, forms of a like character, with such variations as circumstances may require, shall be used. Caveat and procedure subsequent thereto. Penalty for default Numbers and dates may be denoted by figures as prescribed in Form 1 set out in the First Schedule. 10.    (d)   subject to the provisions of rule 66, an administration bond; Cessate grant (2) After considering the evidence produced under paragraph (1) of this rule the court shall give directions as to the form in which the will is to be proved: (8) All sealed packets containing wills received under this rule shall be preserved in a safe to which only the Registrar shall have access. 19.    Provided that the court may in any case grant leave for substituted service in such manner as it may direct. (a)   the serial number of the proceedings; (e)   the date of the grant or appointment of the administrator; (f)   the name of the executor or administrator to whom the grant has been made; (i)   the date when administration completed; (j)   whether any unclaimed assets and how dealt with; (k)   whether caveat filed and by whom; and.    (h)   whether account filed;    A petition for letters of administration shall be in the form prescribed in Forms 26 or 27 set out in the First Schedule, whichever is appropriate, and shall be accompanied by the following documents–    (1) Where there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by the Indian Succession Act, 1865 as applied in Tanzania, or by the re-execution of the will or by execution of a codicil, the court shall require the petitioner to produce an affidavit from any person it may think fit to show whether such obliteration, interlineation or alteration was present at the time the will was executed. An application to the court for directions to an executor or administrator in regard to the estate or in regard to the administration thereof shall be by chamber summons supported by an affidavit giving full particulars of the directions sought and reasons for the same.    (b)   an affidavit as to the deceased's domicile;    Every grant of probate or letters of administration with the will annexed shall be in the appropriate form prescribed in Form 66, 67, 68, 69, 70, 71, 72, 73, 74 or 75 set out in the First Schedule and shall be signed by the Registrar and sealed. 60. Application for Grant (rules 30-53) Petition for probate (1) A petition for grant of probate shall be in the appropriate form prescribed in Forms 18, 20, 21 and 22 set out in the First Schedule and shall be accompanied by the following documents– (a) the last will of the deceased and all codicils thereto and, when necessary, a translation thereof; 109. (2) An application for an order to dispense with verification of a petition for grant of probate by one of the witnesses to the will shall be made by chamber summons supported by affidavit.    The Registrar on receiving probate or letters of administration under rule 97 shall cause the copy lodged therewith to be compared with that to be produced to the court and on its conforming therewith shall endorse a certificate to that effect upon the copy which shall be retained by the court. (10) An application under the preceding paragraph shall be accompanied by the following– Notice to creditors    (1) Where under section 124(1) of the Act any other law for the time being in force an executor or administrator pays any money or security or delivers any thing into the court to the account of a person entitled to such money, security or thing under the will or on intestacy, he shall at the time of making such payment or delivery, file an affidavit stating– 0000008333 00000 n (2D) Where a petition is deemed to have been withdrawn under the provisions of paragraph (2B) of this rule it shall be open to the petitioner to apply to the court for the restoration of the petition and where it appears to the court that it is just and equitable to restore the petition it shall make an order restoring the petition upon such terms as to costs or otherwise as it deems fit: Provided that no petition shall be restored under this paragraph so long as any grant by any court in Tanzania of probate or letters of administration of the estate concerned in favour of any other person is subsisting. Death certificate, evidence as to domicile and undertaking By Bahame Tom Nyanduga and Christabel Manning . 47. "Act" means the Probate and Administration of Estates Act function a1(msg) { myWindow=window.open('','','width=170,height=74,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}*; "certified copy" means a copy examined against the original, marked as certified by the Registrar, Deputy Registrar, District Registrar or District Delegate and sealed with the seal of the Court; "Minister" means the Minister responsible for legal matters; "petitioner" means the person applying for grant of probate or letters of administration; "prescribed fees" means the fees prescribed in the Second Schedule to these Rules; "Registrar" means the Registrar of the High Court and includes a Deputy Registrar and a District Registrar; "sealed" means sealed with the seal of the Court. Original to be returned to applicant 65. (9) On the death of a testator who has deposited a will under this rule an executor named as such on the endorsement on the envelope, or where no such executor is living or all such executors have renounced, then any person entitled to letters of administration with the will annexed under section 29 of the Act may apply in writing to the Registrar for a copy of the will. (3) The notice referred to in the proviso to paragraph (1) shall be in the form prescribed in Form 5 set out in the First Schedule. (3) The court issuing the citation shall fix the period within which the persons cited may enter an appearance. (2) The petition for grant shall give all the facts and describe all the circumstances which may raise a presumption that the testator was a person entitled in law to make an oral will.    (1) In any case where probate or administration is for the first time applied for after expiration of three years from the death of the deceased, the petition shall contain a statement explaining the delay. The probate or letters of administration, when sealed by the High Court, shall be returned to the person who produced the same: Provided that all court fees, costs and charges incidental thereto have first been paid. 49.    (f)   the estimated gross value of the estate; ,�#���^�?=���n�+��������{h:s����o��iy��������ҵ���^:��������;9�i�L�u�{�h���K�,E����I����PpL�"�J�ݱ��Q m7�BK�/y=�U�|pS��o�1ym*l�gsckw�z&�&'mS�����{c��`��R�8Y��,�jx�r.W��S)��/H����D�r7�m�E��Ì���f��3"�Y�wԥrhp��ayY�. 46. 35.    Where any document required under these Rules to be filed with an application or otherwise produced to the court is in any language other than English there shall be attached to such document a translation thereof in English made by a person competent to translate the same and verified by such person by affidavit in the form prescribed in Form 2 the First Schedule. Caveat and procedure subsequent thereto (1) Where a codicil is propounded after grant of probate and such codicil does not revoke or alter the appointment of the executors who proved the will, such executors may obtain probate of the codicil upon filing a petition for grant supported by the codicil and such petition shall be in the form prescribed in Form 23 set out in the First Schedule. (2) The office copies shall, except as to figures, be fairly written at length and be sealed and delivered without any unnecessary delay. 5. (1) Where a petitioner applies under section 25(3) of the Act for grant of probate of an oral will he shall file with his petition the following documents in addition to the documents required to be filed under these Rules–, (a)   an affidavit by a person having personal knowledge of the terms of the will setting out such terms and the circumstances under which he became aware of the same; and. Application General Tanzania Probate and Administration of Estates Act - Probate and Administration of Estates Act, 2011. (a)   the date of the death of the deceased; (c)   whether the deceased died testate or intestate; (d)   whether an application for grant of probate or letters of administration has been made to any court and if so by whom; (e)   the names and addresses of person entitled to inherit the estate; (f)   the estimated gross value of the estate; (g)   the description and value of the property in respect of which the application is made; (h)   the reasons for making the application; and.    (1) Where an application for appointment of an administrator is made someone other than the person or persons named in the will of the deceased as executor or executors thereof the application shall be supported by written consent of such executor or executors. (2) Where the court is satisfied that reasons exist for the belief that the person named in the application has knowledge of the alleged testamentary paper or writing or oral will it shall direct the Registrar to issue a summons in the form prescribed in Form 60 set out in the First Schedule requiring such person to appear before it on the day named in the summons to answer such questions as may be put to him by the court. 0000006256 00000 n (1) Where the Registrar is satisfied that in any particular case the original will or other document lodged with a petition for grant is not, by reason of its physical condition, satisfactory for purposes of record, he may require a photographic copy or an engrossment to be produced in addition to the original document.    (a)   the universal or residuary legatee; and The Probate form (form no. 56. Where application by by person other than executor named in will. 30. Procedure 82. 110.    (d)   the reasons why payment or delivery into court is being made; (2) An affidavit made under this rule shall be in the form prescribed in Form 6 set out in the First Schedule. Personal representatives' powers, duties and remuneration .    (1) The death certificate shall specify the date, the place and the cause of the death of the deceased and shall be signed by a person having authority to sign the same. The signatures of the administrator and the sureties shall be attested by a person before whom an affidavit may be sworn. (3) The notice referred to in the proviso to paragraph (1) shall be in the form prescribed in Form 5 set out in the First Schedule. Any appearance of attempted revocation of a will by burning, tearing or otherwise, and every other circumstance leading to a presumption of revocation by the testator, shall be accounted for to the court's satisfaction by affidavit or such other evidence as the court may direct. 104. 2. Where the deceased has left a written will, a petition under rule 85 shall be accompanied by the original will and, unless oral evidence in support of the petition is to be given, by an affidavit as to its due execution from one of the attesting witnesses or by an affidavit testifying as to such matters which may raise a presumption in favour of the due execution of the will. (5) Where a person cited makes default in appearance within the time limited for such appearance the Registrar shall endorse on the court record a certificate to that effect. Accounts 99. Advocates are necessary in Tanzania to draw up legal documents, including wills, and to deal with legal disputes in court, for example by representing or defending the petitioner if there is an objection to the granting of either probate or the letters of administration. This section of the article is only available for our subscribers. Wednesday, December 18, 2013.    A person summoned under rule 77 or 78 shall be liable for the same penalties for default as are prescribed in the Civil Procedure Code function a3(msg) { myWindow=window.open('','','width=125,height=56,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}* in relation to witnesses summoned to give evidence or produce documents. (1) A caveat shall be in the form prescribed in Form 62 set out in the First Schedule and shall be attested by a person before whom an affidavit may be sworn. In all cases in which the court is in doubt as to any matter relating to any will it shall call for such further evidence, on affidavit or otherwise, as it shall consider necessary.    All proceedings under Part X of the Act shall be commenced in the High Court at Dar-es-Salaam and all necessary papers shall be lodged with the Registrar. 52.   Letters of Administration for a suit. (8) All sealed packets containing wills received under this rule shall be preserved in a safe to which only the Registrar shall have access.    (a)   an affidavit as to the due execution of the original will by one of the witnesses who attested the original will or, if no such witness is conveniently available, from any other person who was present when the will was made or who can testify as to the facts which may raise a presumption in favour of due execution; Guide to Tanzanian Legal System and Legal Research . Office copies 0000003743 00000 n Petition for probate 14.    (a)   the serial number of the proceedings;    1. (6) Where a person cited has entered an appearance but has failed to apply for probate within the period of thirty days from the date of his appearance, the citor may apply to the court by chamber summons supported by an affidavit for an order fixing the time within which the person cited shall apply for grant of probate and Such order shall be in the form prescribed in Form 13 set out in the First Schedule. Conveyancing in Tanzania is mostly done by lawyers for they know the law and the whole transfer process among many other reasons. C. Citations (rules 73-76) (1) Verification of a petition by an attesting witness shall be in the form prescribed in Form 19 set out in the First Schedule.    (e)   the names and addresses of person entitled to inherit the estate;    (1) Verification of a petition by an attesting witness shall be in the form prescribed in Form 19 set out in the First Schedule. (1) Office copies of petitions, wills, codicils, grants, affidavits, citations, orders or other proceedings shall be supplied by the Registrar to any person applying for the same and paying the prescribed fees. (3) Where, for any reason beyond the control of the petitioner, a death certificate is not available, the petitioner shall file in lieu there of an affidavit from a person who saw the remains of the deceased being interred or cremated or an affidavit from a medical practitioner, duly registered as such in the country where the deceased died, who pronounced the death of the deceased.    Where a will contains no attestation clause or the attestation clause is insufficient or where it appears to the court that there is some doubt as to the due execution of the will, then, unless the will is such as is not required to be signed by the testator or attested by witnesses to constitute a valid disposition of the testator's property, the court may, before admitting it to proof, require an affidavit as to due execution of the will from one or more of the attesting witnesses or, if no attesting witness is conveniently available, from any other person who was present at the time the will was executed. Registrar may exercise power of Court In any application under these Rules of Court that may be determined by the Registrar, the Registrar may exercise the following powers of the Court or a judge under the Act: (a) to extend or reduce any period in which an act must be done; (b) to set aside,    (d)   subject to the provisions of rule 71, consents in writing to the application for grant from the persons who, if the testator had died intestate, would have been entitled to a share in the estate. 28. (6) Where a person cited has entered an appearance but has failed to apply for probate within the period of thirty days from the date of his appearance, the citor may apply to the court by chamber summons supported by an affidavit for an order fixing the time within which the person cited shall apply for grant of probate and Such order shall be in the form prescribed in Form 13 set out in the First Schedule. 0000000016 00000 n    (c)   whether a grant of probate of the will or letters of administration of the estate of the deceased has been made to or applied for by any person and if so, the particulars of the grant or application and the name and address of the grantee or applicant; 69 r. 7 Part 2 – Powers and Duties of Registrar 14 7. <]>> The bond shall be signed by the administrator and the sureties, who, except where the court otherwise order, shall be two in number. (3) Every will delivered or sent to the Registrar under this rule shall be in a sealed envelope. (3) Where the Public Trustee applies for a grant he shall state in the body of the petition that the application is made by him as the Public Trustee.    (f)   the name of the executor or administrator to whom the grant has been made;    (b)   the name of the deceased; (2) An application for approval under paragraph (1)(d) of this rule shall be by chamber summons supported by affidavit. Application for extension of time to file inventory or account    An application for appointment of an administrator under section 38 pending the determination of any proceedings shall be by chamber summons supported by an affidavit in the form prescribed in Form 35 set out in the First Schedule, setting out the particulars of the proceedings, the gross value and nature of the estate of the deceased, the date of the death of the deceased and a statement as to the fitness of the proposed administrator and shall, subject to the provisions of these Rules, be accompanied by the proposed administrator's oath in the form prescribed in Form 36 set out in the First Schedule and administration bond in the form prescribed in Form 37 set out in the First Schedule.    (d)   the executor's oath. Probate Rules The Chief Justice may make Probate Rules for regulating proceedings for the grant of probate and letters of administration or the appointment of an administrator, for such purposes as, in this Act it is provided that Probate Rules may be made, for the preservation, and copying and inspection of wills, grants of probate and administration of estates and appointments of administrators, for fees … Where a creditor of the deceased applies for a grant of letters of administration under section 33(3) of the Act the petition shall state the amount of the debt and how the same arose. Copyright 2019. 100.    Provided that, where any party other than the applicant is affected by the application, the court may adjourn the hearing of the application and order that a notice of the application and a copy of the affidavit filed in support thereof be served upon such party. Grant pendente lite Where it is necessary in a grant to describe the deceased by some name in addition to his true name, the petitioner shall together with his petition file an affidavit giving the true name of the deceased and the reason for the inclusion of the other name in the grant. (1) Where a petitioner applies under section 25 of the Act for grant of probate of a will which has been lost, misplaced or destroyed and of which no copy or draft is available he shall file with his petition the following documents in addition to the documents required to be filed under these Rules–. (2) Service of the notice under this rule shall be by personal service or, where in the opinion of the Registrar personal service cannot be effected or cannot be effected without undue delay or expense, by registered post or by affixing a copy of the notice in some conspicuous place in the court house and also some conspicuous part of the house in which the executor or the administrator is known to have last resided or carried on business or personally worked for gain. Order for citation to issue Grant in additional name 51. Payment into court on account of minor Perception of Rule of Law in Tanzania United Republic: Jukwaa la Sheria (The Law Forum) 1: Oct 8, 2018: G: Rule of natural Justice!    (1) All proceedings of the court shall remain on record in the court, and so as to form a complete record of each matter, and they shall not be removed for any purpose except for use by an officer of the court, or by special direction of a Judge: This was Probate and Administration Cause No. ORDERS Where under section 61 of the Act the court requires to examine the petitioner in person on oath the Registrar shall appoint a date and time for such examination and shall serve a notice of the same in the form prescribed in Form 61 set out in the First Schedule on the Petitioner. D. Production of Documents and Examination by Court (rules 77-81), 77. (2) A chamber summons shall be in the form prescribed in Form 4 set out in the First Schedule.    Where only a copy of a will is available the petition shall be accompanied by an affidavit showing the correctness of the copy, validity of the original will and reasons why the original will has not been produced.    (b)   the domicile of the deceased; Probate of copy or draft of will Grant for collection preservation of property All summons, notices, citations, orders, warrants and other process issued by the court shall be sealed. (2) An application for approval under paragraph (1)(d) of this rule shall be by chamber summons supported by affidavit.    (b)   subject to the provisions of rule 71, consents in writing to the application for grant from the persons who, if the testator had died intestate, would have been entitled to a share in the estate. Inventory and valuation 0000008868 00000 n (2) Where an affidavit under paragraph (1) is filed, the court may make an order either dispensing with such consent or requiring a citation in the form prescribed in Form 57 set out in the First Schedule to be served upon the person whose consent is not available. Every will in respect of which an application for a grant is made shall be marked by the signatures of the petitioner and the witness to the will verifying the petition, or, where verification by such witness has been dispensed with, the deponent of any affidavit filed under paragraph (4) of rule 34: Provided that where there is no space on the original will for signatures required by this rule or where the original will is in such a condition that compliance with this rule might result in the loss of the will, a photographic copy of the will may be marked in lieu of the original document. (1) An application for extension of time to exhibit an inventory or account shall be made by chamber summons supported by an affidavit stating the reasons for such application.    An application for sealing of a probate or letters of administration shall be by chamber summons supported by an affidavit and accompanied by the probate or letters of administration and a copy thereof. (3) An order appointing a receiver shall be in the form prescribed in Form 7 set out in the First Schedule.    (f)   subject to the provisions of rules 71 and 72, consent of the heirs; and Certificate of surety's financial position Verification PART VIIIESTATE ADMINISTERED IN ACCORDANCE WITH CUSTOMARY LAW AND CUSTOM (rule 96) 10 ) An order assigning a bond shall be sealed all summons, notices, process orders. The hours 8.30 a.m. to 11.30 a.m. on weekdays article is only available for our subscribers ) Search be... 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