Highlights:

• Introduction of the Inheritance
• Meaning of a Will
• The Legal Framework of the Will in Tanzania.
• The Legal Requirements of the Valid Will.
• Importance of making a valid Will.

Introduction

Inheritance is a crucial aspect of estate planning, ensuring that assets are distributed according to a person’s wish after passing away. In Tanzania, the legal framework governing inheritance is rooted in various laws and traditions making it essential to understand how to navigate this complex area. This guide will provide you with an overview of wills, the laws surrounding wills in Tanzania and the steps to ensure estate is handled properly.

What is a Will? A will is a statement which is voluntarily made by a person during his lifetime to explain his intention on how his property shall be distributed upon his death. A will can either be oral or written.

An oral will is a type of a will where the wishes of the testator (the one making the will) are not in a written form, the testator only expresses his wishes verbally to the available witnesses on how his properties shall be distributed upon his/her death. While in a written will the testator’s wishes are put in a written form signed by him/her and witnesses who know how to read and write and who saw the testator affix his signature on the document. A will can be revoked or amended by the testator at any time before their death and it can be done by making a new will or by a written declaration signed by the testator.

The Legal Framework for Wills in Tanzania

The law governing wills and inheritance in Tanzania is primarily derived from statutory laws, customary laws and Islamic laws. The key statutes include:

1. The Law of Marriage Act:  This Act provides for the rights of spouses and children in inheritance matters. It is particularly relevant when dealing with issues of succession among spouses and children.

2. The Probate and Administration of Estates Act, 2002:  This Act governs the administration of estates including the distribution of assets according to the will or intestacy (when there is no will). It outlines the procedures for obtaining probate or letters of administration and the duties of executors and administrators.
3. The Succession (Non-Christian Asiatic) Ordinance, 1923: This Ordinance applies to non-Christian Asiatic communities, primarily covering those of Indian descent, and allows for the application of their customary laws in matters of inheritance.
4. Customary Laws: For many Tanzanians, inheritance is governed by customary laws which vary widely among different ethnic groups. Customary laws often prioritize male heirs particularly in rural areas and may not always align with statutory laws.
5. Islamic Law:  For Muslims in Tanzania, inheritance is governed by Islamic law (Sharia), which has specific rules regarding the distribution of assets. Under Islamic law, there is a fixed formula for distributing a deceased person’s estate among heirs.

Legal requirements for a valid Will

For a will to be valid in Tanzania, the following requirements must be met.

1. Capacity: The testator must be of sound mind and at least 18 years old.

2. Intention: The testator must have the intention to create a will. This intention must be freely made without coercion, fraud, or undue influence.
3. Form: The will must be in writing, signed by the testator, and witnessed by at least two competent witnesses who are present at the same time. The witnesses must not be beneficiaries of the will.
4. Proper Disposal of Property: A will must properly dispose of the testator’s property. This includes listing all property and assets and properly distributing them among friends and family according to the testator’s wishes.

What Happens If You Die Without a Will?

If a person dies without a will in Tanzania, their estate is distributed according to the rules of intestacy which vary depending on the applicable law (statutory, customary or Islamic). Generally, the estate is divided among the surviving spouse, children, parents and other relatives. However, the distribution may not align with the deceased’s wishes and could lead to disputes among heirs.

The Importance of Making a valid Will

A well-crafted will offers several benefits including.

• Clarity and Peace of Mind: A will provides clarity of how assets should be distributed and peace of mind knowing your assets will be distributed according to your wishes.
• Choice of Beneficiaries: Without a will, an estate will be distributed according to the rules of intestacy, which may not align with one’s wishes. Through a will one chooses his/her beneficiaries and allocate specific assets to them thus avoiding family conflicts which may arise.
• Appointment of an Executor: A will enables a person to appoint a trusted individual as his/her executor who will be responsible for administering his/her estate and ensuring that his/her wishes are carried out.
• Provision for Minor Children: If one has minor children, a will allows appointment of a guardian to care for them in the event of his/her death. It also enables one to make financial provisions for their upbringing, rendering a clear livelihood of minors.

Conclusion

Understanding the importance of creating a will and the legal framework governing inheritance in Tanzania is crucial for ensuring that your estate is managed according to your wishes. Whether you are governed by statutory law, customary law or Islamic law, taking the time to plan your estate and draft a valid will can provide peace of mind and prevent potential conflicts among your heirs. If a person dies without a valid will, they are considered to have died intestate. In such cases, the distribution of assets is governed by the Law of Succession Act. However, intestacy can lead to prolonged legal processes, increased costs, and potential family disputes.

Generally, a will tells everyone what should happen to your money, possessions and property (your estate) after you die. If you don’t leave a will, the law will decide how your estate is passed on, something which may not be in line with your wishes.

Disclaimer: This article is authored by Jacqueline Hima, Head of Real Estate and Immigration Department from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Sepia Attorneys and Stallion Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions.  This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.