Legal System Applicable in Administration of an Estate of a Deceased

Systems of law are useful especially when the deceased at the time of his/her death, had not directed the manner in which his estate should be administered. Again even if the deceased left a will and expressly showed which law should apply in the administration of his estate, still such will, must meet the requirements of the system chosen.

Apr 15, 2021 - 15:01

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Legal System Applicable in Administration of an Estate of a Deceased

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The law governing succession in Tanzania (Mainland) is diverse as are the communities making up our society. In regard to the administration of the estate of a deceased person and matters of succession, generally, there are four competing legal systems with which a deceased estate may be administered especially when one dies without leaving a will. These systems of law are Statute law, Customary law, Religious law, and Hindu law which provide for testate and intestate succession.

These systems are useful especially when the deceased at the time of his / her death, had not directed the manner in which his estate should be administered. Again even if the deceased left a will and expressly showed which law should apply in the administration of his estate, still such will, must meet the requirements of the system chosen.

For example, if the testator has expressed, that the estate should be administered under customary law, then his will must comply with the rules set for under The Local Customary (Declaration) (No 4) Order, 1963.

In application, Tanzania has various statutes addressing matters relating to succession. Some of these statutes give direction as to how the estate should be administered and the manner in which distribution should be made. Some statute laws governing the administration and distribution of the estate of the deceased person include The Indian Succession Act 1865.

Other statutes are The Probate and Administration of Estates Act Cap 358 RE 2002, The administrator General (Power and Functions) Act Cap 27 RE 2002, The Succession (Non-Christian Asiatics) Act Cap 28 2002, The Law of the Child Act No 21 of 2009, The Magistrates Courts Act Cap 11 RE 2002, The Civil Procedure Code Cap 33 RE 2002, just to name but a few.