Q&A with Isidora & Company: The legal effect of a Will under Tanzanian law

What you need to know:

I am aware that many Tanzanians postpone writing a will day after day, yet death without one has caused chaos and a bitter probate dispute in a family that’s in our neighbourhood. Can you please enlighten me on the legal effect of having or not having a will in place? Also, can a foreigner and, in particular, one who is the spouse of a Tanzanian citizen, inherit an estate in Tanzania and become the legal personal representative of the deceased person? Best regards, Tinka.

The administrator of the estate, or the executor of the will, as the case may be, only becomes the legal personal representative of the deceased after registration with the registrar of titles at the land registry in the Ministry of Lands, Housing and Human Settlements. The legal personal representative has powers to sell or lease the landed property for the interests of the heirs. A foreigner, or a foreign who is a spouse of a Tanzanian citizen, can inherit an estate in Tanzania, can be appointed as an administrator or an executor, and can be registered as legal personal representative with power to sell the property in that capacity and realize the proceeds. It is highly recommendable to write and register a will under the Registration of Documents Act, Cap 117 to guide the Court in carrying out the wishes of a deceased person and reduce the time required to administer the estate.

Q&A with Isidora & Company: The legal effect of a Will under Tanzanian law

What you need to know:

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