tanzania probate rules

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64. (2) A citation under paragraph I shall be in the form prescribed in Form 11 set out in the First Schedule and shall be served upon the persons named in the citation. (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. Applications to be ex parte    (1) Every administration bond shall, except when the court otherwise orders, be given in double the amount of the gross value of the property for which the grant is to be made and shall be in the appropriate form prescribed in Forms 48 or 49 set out in the First Schedule. 109. Where an affidavit required under the preceding rule cannot be obtained or cannot be obtained without undue delay or expense, the court may , upon an application by the petitioner made by chamber summons supported by an affidavit, admit evidence, on affidavit or otherwise, to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of the due execution of the will. 61.    (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– Sureties to to justify in certain cases, In the following cases the surety or sureties shall file a justification of their security in the form prescribed in Form 55 set out in the First Schedule–, (a)   where any person takes out letters of administration in default of the appearance of a person cited to accept or refuse a grant who has not been personally served with the citation; or. (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.    (a)   subject to the provisions of rule 63, a certificate as to the death of the deceased, except where such certificate is already in possession of the court; (2) The provisions of the rules relating to consent of the heirs shall apply to consent of executors under this rule. Nos.10 of 1963107 of 1963369 of 1963 trailer No. 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.    (f)   subject to the provisions of rules 71 and 72, consent of the heirs; and Bahame Tom Nyanduga * is Advocate of the High Court of Tanzania, and had been the President of the East Africa Law Society between October 2004 - October 2006. Security Renunciation 3. Arrangements have been made whereby the Estate Duty Commissioner shall, if so required, give such information as may be available to him and relevant to the assessment of the duty payable in respect of the estate of a deceased person to the Estate Duty Commissioner of Kenya provided that no information shall be given which would disclose any trade secret or trade process.    Every petition under this part shall be accompanied by a certificate as to the death of the deceased, an affidavit as to the domicile of the deceased and an undertaking to administer the estate faithfully in the form prescribed in Form 77 set out in the First Schedule. Where under section 61 of the Act the Court requires further evidence of any of the matters stated therein it shall direct whether such evidence is to be furnished by affidavit or otherwise. General citation    (c)   the date of the deceased's death; 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. PART IXRESEALING (rules 97-104) (2) A copy of the petition shall be served upon the administrator and each of the sureties. This Order may be cited as the Estate Duty (Exchange of Information) (Kenya) Declaration Order. (1) Where an executor or administrator fails to exhibit an inventory or account within the period specified in section 107 or within the time last appointed by the court, the court shall make an order requiring him to exhibit such inventory or account within such further period as it may think fit and the Registrar shall cause a notice in the form prescribed in Form 83 set out in the First Schedule to be served upon the executor or administrator notifying him of the order of the court and the consequences of non-compliance therewith. (2) An order for rectification shall be in the form prescribed in Form 14 set out in the First Schedule. (2) A chamber summons shall be in the form prescribed in Form 4 set out in the First Schedule.    Where an affidavit required under the preceding rule cannot be obtained or cannot be obtained without undue delay or expense, the court may , upon an application by the petitioner made by chamber summons supported by an affidavit, admit evidence, on affidavit or otherwise, to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of the due execution of the will.    (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. (b)   proving the existence of the will after the death of the testator or, where the will has been destroyed, the circumstances of such destruction or where the original is in possession of a person outside Tanzania, that such person has refused or neglected to deliver it up. (2F) A copy of an application for the restoration of a petition and a copy of the affidavit lodged in support thereof shall be served upon the caveator. 2. (3) The court may require the petitioner to produce further evidence by affidavit or otherwise for the purpose of satisfying itself of the existence of the will, its terms or the circumstances under which it was made. 75 OF 2015 ISMAIL RASHID APPELLANT VERSUS MARIAM MSATI RESPONDENT (Appeal from the Decision ofthe HighCourt ofTanzania AtDar-es-Salaam) (Mandia, l.) Dated the 3rddayofSeptember, 2004 In CivilAppeal No244 of2003 JUDGMENT OFTHECOURT 19th … Resource Language: English.    "Sealed in the High Court of Tanzania by order of the Court dated ....................... Original to be returned to applicant e IN THE HIGH COURT OF TANZANIA MWANZA DISTIRCT REGISTRY AT MWANZA PC. 48. (1) A trust corporation– (a) may be granted probate of the will of any person, if it is named as executor therein; or (b) may be granted letters of administration. 7. Notice of an application under rule 97 shall be in the form prescribed in Form 79 set out in the First Schedule and shall be published in the Gazette and no order shall be made thereon until the expiration of fourteen days after such publication. (3) Where under section 124 of the Act any sum of money is paid into the court to the account of a minor legatee, such sum of money shall, unless the court otherwise directs, be invested in purchasing securities authorised by law for investment of trust funds. Rules not to apply An application for grant of letters of administration by a lawfully constituted attorney of a person residing outside Tanzania shall be in the form prescribed in Form 29, 30 or Form 30A set out in the First Schedule and such attorney shall file with his petition for grant the power of attorney constituting him as such attorney and unless such power of attorney can, under section 94 of the Evidence Act, be presumed to have been executed and authenticated as provided by the said section, the court may require further proof of its due execution. Numbers and dates may be denoted by figures as prescribed in Form 1 set out in the First Schedule. There shall be annexed to every probate and letters of administration a notice in the form prescribed in Form 82 set out in the First Schedule drawing the attention of the executor or the administrator to the provisions of section 107 of the Act and rule 109 of these Rules. Application for extension of time to file inventory or account (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. 0000004143 00000 n 72. These Rules may be cited as the Probate and Administration Rules, 1980 and shall come into operation upon the date of commencement of the Act. Grant in respect of unadministered assets (6) Where a caveator enters an appearance the proceedings shall be numbered as a suit and the Registrar shall appoint a date upon which the suit shall be listed before a Judge in Court for such orders as to pleadings and date of the hearing as the Judge may make. Grant pendente lite PART VIIADMINISTRATION OF SMALL ESTATES (rules 85-95) With effect from 2 November 2020 (albeit with a transitional period running until 30 November 2020), the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 amend the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024. (2) Should the explanation in the petition be unsatisfactory the Court may require such further proof of the alleged cause of delay as it may think fit.    All proceedings in court shall be written or printed, or partly written and partly printed, on paper of foolscap size; but no objection shall be allowed to any document on account of its being written or printed on paper of other size. Publication of notice    (c)   an affidavit proving the existence of the will after the death of the testator or, where the will has been destroyed, the circumstances of such destruction; and 87. Penalty for default This section of the article is only available for our subscribers. (3) An order revoking or annulling a grant shall be in the form prescribed in Form 15 set out in the First Schedule. Contentious proceedings before a District Delegate (3) Where under section 124 of the Act any sum of money is paid into the court to the account of a minor legatee, such sum of money shall, unless the court otherwise directs, be invested in purchasing securities authorised by law for investment of trust funds. An application for payment or transfer to any person of any money or security or thing paid or delivered into court in accordance with the provisions of rule 112 shall be by way of chamber summons and all persons who appear to be interested in the money or security or thing shall be served with notice of the application unless the court shall otherwise direct. (1) Where a petitioner applies under section 25 for grant of probate of a copy or draft of a will he shall file with his petition in addition to the documents required to be filed under these Rules an affidavit or affidavits–, (a)   showing that the copy produced is an accurate copy of the original will; and. 1473 0 obj <> endobj Access original publishing page. (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. (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. Probate of copy or draft of will (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.    Where under these Rules or by an order of the court a notice of an application or a copy of an application and copies of any affidavits supporting it are to be served on any party, then, unless the court otherwise directs, such notice and such copies shall be served on such party not less than eight days before the date fixed for the hearing of the application and such party shall have the right to file a counter-affidavit and to appear and be heard at the hearing of the application. Proceedings (rules 5-8) (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.    (e)   description of the trusts to which the property is subject; and (8) Where the court makes an order limiting the time within which a person cited shall apply for grant of probate, and such person has failed to apply for grant of probate within such time, the citor may apply in writing for an order that the person cited shall be deemed to have renounced his right to probate. Probate Rules 2017 Statutory Rules 2017, No. (2) The office copies shall, except as to figures, be fairly written at length and be sealed and delivered without any unnecessary delay. (4) The Court may at any time and for sufficient reason shown vary, alter or rescind any order made under this rule or make such order in lieu of an order requiring personal service of citation as it may deem fit. Copy of order to be served on petitioner (a)   subject to the provisions of rule 63, a certificate of the death of the deceased; (c)   the proposed administrator's oath in the form prescribed in Form 40 set out in the First Schedule; and. (2) Notice of an application made under paragraph (1) and a copy of the affidavit filed in support thereof shall be served on the person or persons to whom the grant was made. Grant during unsoundness of mind (2) A copy of the petition shall be served upon the administrator and each of the sureties. (3) The petition shall be heard and determined in chambers on a date and at a time appointed by the Registrar.    An application for letters of administration for the purpose of becoming or being made a party to a suit under section 40 of the Act shall be by way of chamber summons supported by an affidavit setting out full particulars of the probate or letters of administration, if any, originally granted in respect of the same estate and the grounds upon which such application is made. Unsigned or unattested will 29. 4.    (e)   where the payment or delivery is being made to the account of a minor entitled under a will, whether there is any direction in the will to pay or deliver the legacy to any person on behalf of the minor, and if so, why such payment or delivery cannot be made; and    (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. Affidavit as to the deceased's domicile (2B) Where a notice under paragraph (2A) of this rule has been served upon a petitioner and he fails to lodge an application under section 59(2) of the Act within twenty-one days from the date of the service thereof, his petition shall be deemed to have been withdrawn. Appointment of receiver    (g)   in the case of an application for a grant to a sole administrator, an affidavit as required by rule 32. PART IIIPROTECTION OF ESTATES PENDING GRANT (rules 24-25) 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. This was Probate and Administration Cause No. 0000005514 00000 n    (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: (1) An application under section 60(1) of the Act for an order directing any person to produce any testamentary writing or paper shall be by chamber summons supported by an affidavit setting out the reasons for such application.    (d)   description and value of the trust property; (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; (b)   an affidavit of the contents of the will from any person having personal knowledge of such contents; (c)   an affidavit proving the existence of the will after the death of the testator or, where the will has been destroyed, the circumstances of such destruction; and. A petition for grant of letters of administration with or without the will annexed for the use and benefit of a person of unsound mind under section 37 of the Act shall be in the form prescribed in Form 32 set out in the First Schedule and shall state in what manner, if any, the petitioner is related to such person and shall be accompanied by the following document–, (a)   where the person of unsound mind has been committed to a mental hospital under the provision of the Mental Diseases Act function a2(msg) { myWindow=window.open('','','width=117,height=56,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}*, a certificate as to his mental condition by the medical officer in charge of such hospital, or, in any other case, an affidavit as to the mental condition of such person from a medical practitioner under whose care and treatment such person is; and. (3) Where a person whose consent is required is an infant or a person of unsound mind consent may be given on his behalf by his guardian.    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.    (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 date and place of the deceased's death; (b)   whether the deceased died testate or intestate and, if testate, the names and addresses of the executors named in the will or, if intestate, the name and addresses of the relatives; (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; (d)   description and value of the trust property; (e)   description of the trusts to which the property is subject; and. (Section 9)    (j)   whether any unclaimed assets and how dealt with;    On any application filed under these Rules the court may make such order or orders as to costs as it deems fit. Citation to accept or renounce executorship. Home | Terms & Conditions | Privacy Statement | Publishing Services | Contact Us. (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. 36.    A general citation shall be in the form prescribed in Form 58 set out in the First Schedule and shall be exhibited in some conspicuous part of the court house and published in the Gazette and such other newspaper or periodical (if any) as the Judge may direct. 34. Court Brokers, 2017; Court fees; VACANCIES. 69 r. 7 Part 2 – Powers and Duties of Registrar 14 7. 105. Appeals under section 83 of the Act shall be in accordance as nearly as may be with the provisions of the Civil Procedure Code function a4(msg) { myWindow=window.open('','','width=127,height=55,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}* and rules of court governing appeals and subject to the same fees, so far as the same shall be applicable. (2) Where any money or security is paid or thing is delivered into the court under this rule, the Registrar shall, on the receipt of the money, security or thing and of the prescribed fee, cause a receipt to be issued for the money, security or thing so received to the executor or the administrator paying or delivering the same. (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–. 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