Description
- Law, practice and procedure of probate in primary courts – Inheritance of children born out of wedlock in customary law – Indian Succession Act – statutory law of succession in Tanzania – Islamic and Hindu laws of succession – Original jurisdiction to handle probate matters -small estates only – meaning of small estates – territorial jurisdiction of a primary court in a probate/succession matter – time set for filing a probate matter before the primary court – how to initiate probate proceedings before the Primary Court – minutes of the clan/family – letter from a local leader in lieu of a death certificate – citation – copies of the advertisement – administrator’s costs – objections against inventories and accounts – omission by an administrator to file an inventory/accounts within the prescribed time – right of children born out of the wedlock to inherit their parent’s estate.
• Law, practice and procedure of probate in primary courts.
• Inheritance of children born out of wedlock in customary law.
• Indian Succession Act of 1865 – statutory law of succession in Tanzania. That law is not applicable in primary courts (p. 9).
• Islamic and Hindu laws of succession are contained in their religious books and extracts from scholars (p. 10).
• Application of Islamic law in succession (p. 10).
• In succession, Islamic law applies where there is a desire of the deceased expressed in a Will; or where the lifestyle of the deceased directs so; or where all heirs have agreed to the application of that law (pp. 10 – 11). If none of those tests succeed, the applicable law should be customary law (p. 11).
• Original jurisdiction to handle probate matters is vested in the Primary Court and High Court only. Probate jurisdiction of RMS and district is on small estates only. Value of small estates (p. 11).
• Territorial jurisdiction of a primary court in a probate/succession matter (p. 14).
• There is no specific time set for filing a probate matter before the primary court but if the matter is filed beyond three years, the petitioner must explain the delay. If no proper explanation is given, the court has discretion to reject the matter (p. 16).
• How to initiate probate proceedings before the Primary Court. Minutes of the clan/family are essential (p. 16).
• Letter from a local leader in lieu of a death certificate where the primary court is situated in a remote area (p. 17).
• Citation – copies of the advertisement must be fixed at the court’s premises and all public places around the place of domicile of the deceased (p. 17).
• Best interest of justice is served if the appointed administrator comes from the deceased’s family (spouse or children) (p. 19).
• Administrator’s costs (p. 19).
• The administrator is an independent person. He is independent from any person including the magistrate who appointed him (p. 20).
• Under customary law uncles, aunts, sisters and brothers are not heirs (p. 20).
• Heirs are allowed to make objections against inventories and accounts (p. 22).
• When an administrator omits to file an inventory/accounts within the prescribed time, his activities become null and void after expiration of 4 weeks (p. 23). If the matter remains pending for a longer period without such a report or an extension from the court, the appointment ceases to exist by operation of law (p. 24). Therefore it was okay for a fresh application to be filed (p. 31).
• Where there is credible evidence that the deceased took care of his child and introduced the child to his relatives, the courts should not hesitate to find that he intended for him to be known as his child under customary law (p. 28).
• Children born out of the wedlock have a right to inherit their parent’s estate (pp. 28 – 30).
