(2) The memorandum by the Registrar shall be prima facie evidence that the advertisement was duly inserted in the issue of the Gazette mentioned in it. Method    If from any mark on a will it appears to the court that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the court may require the document to be produced and may require the petitioner to file an affidavit from any person it may think fit for the purpose of satisfying itself whether such document is entitled to probate. 55. (2) Where an affidavit under paragraph (1) is filed, the court may make an order either dispensing with such consent or requiring a citation in the form prescribed in Form 57 set out in the First Schedule to be served upon the person whose consent is not available. PROBATE AND ADMINISTRATION OF ESTATES ACT, 2010 (a) the grant of probate of a will, or letters of administration of the estate of a deceased person; (b) the revocation of such a grant; or (c) a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or 67. THE PROBATE RULES No comments: Post a Comment. Direction to executors or administrators    (b)   subject to the provisions of rule 71, consents in writing to the application for grant from the persons who, if the testator had died intestate, would have been entitled to a share in the estate. Other Document e IN THE HIGH COURT OF TANZANIA MWANZA DISTIRCT REGISTRY AT MWANZA PC. 3.    (1) Search of the proceedings under the Act or any register maintained under these Rules shall be granted to any person applying for the same and paying the prescribed fee. 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. Home | Terms & Conditions | Privacy Statement | Publishing Services | Contact Us. (7) Sealed packets containing wills received under this rule shall be numbered consecutively and a register of such packets shall be maintained. Grant in additional name    (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;    (1) Where a person whose consent is required under these Rules refuses to give such consent, or if such consent cannot be obtained without undue delay or expense, the petitioner shall, together with his petition for grant, file an affidavit giving the full name and address of the person whose consent is not available (where such name and address are known) and giving the reasons why such consent has not been produced.    A petition for grant under any of the rules 42 to 48 (inclusive) shall, subject to the provisions of any such rule and any exception made by these Rules, be in the same form and be accompanied by the same documents as are required in the case of a petition for a general grant: PART IXRESEALING (rules 97-104) 33. 101. Production of deed paper, referred to in will In the probate rule, there is no prescribed form of renunciation of letters of administration but in practice the same form that is used in renunciation of probate is also used in renunciation of letters of administration which is Form no 9 and supported by an affidavit set out the reasons for renunciation if its express renunciation for the constructive renunciation the same Form no 9 is applied plus its … 44 of 1979 for connected matters. (2) The provisions of the rules relating to consent of the heirs shall apply to consent of executors under this rule. Consent (2) An order of sale shall be in the form prescribed in Form 8 set out in the First Schedule.    (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. THE ESTATE DUTY (EXCHANGE OF INFORMATION) (KENYA) DECLARATION ORDER. 31.    Before admitting to proof a will which appears to have been signed by a blind or illiterate testator or which, for any other reason, gives rise to doubt as to the testator having had knowledge of the contents of the will at the time of its execution, the court may require the petitioner to produce an affidavit from any person it may think fit for the purpose of satisfying itself that the testator had such knowledge. 83. 92.    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.    The affidavit as to the deceased's domicile shall be in the form prescribed in Form 45 set out in the First Schedule and shall be sworn or affirmed by a person who knew the deceased personally and shall state the facts upon which the court may infer the deceased's place of domicile. 0000000836 00000 n 111.    Where an application for letters of administration with or without the will annexed is made by an individual alone such individual shall file together with his petition, in addition to the other documents required to be filed under these Rules, an affidavit in the form prescribed in Form 17 set out in the First Schedule showing that there is no minority or life interest arising under the will or on the intestacy.    (b)   the name of the deceased; (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. Jurisdiction (4) Where the court makes an order dispensing with verification of a petition for a grant of probate by one of the attesting witnesses it may require the petitioner to produce such other evidence on affidavit as it may consider necessary for the purpose of being satisfied that the will was duly executed by the testator.    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–    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. Rectification of grant All Rights Reserved. %PDF-1.4 %���� <]>> Documents Accompanying Application (rules 54-72)    (a)   subject to the provisions of rule 63, a certificate of the death of the deceased;    (a)   the universal or residuary legatee; and 75. (2) Where the deceased died testate and an application is made for the grant of letters of administration with the will annexed, written consent shall, unless the court otherwise orders, be required of the following persons–, (a)   the universal or residuary legatee; and. 70. (1) Where a trust corporation, other than the Public Trustee, applies for a grant, all petitions, applications, oaths, affidavits and other documents whatsoever required to be executed or sworn under these Rules by a proposed executor or administrator may be executed or sworn by any officer of the corporation authorised for the purpose by the corporation and such person shall lodge into the court, a copy of the resolution of the corporation so authorising him.    (1) Where a trust corporation, other than the Public Trustee, applies for a grant, all petitions, applications, oaths, affidavits and other documents whatsoever required to be executed or sworn under these Rules by a proposed executor or administrator may be executed or sworn by any officer of the corporation authorised for the purpose by the corporation and such person shall lodge into the court, a copy of the resolution of the corporation so authorising him. (2) Where the original will is removed from the record under paragraph (1) of this rule, a certified copy of the will shall be placed on the record. (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. Date of publication: août 2011. (2) The office copies shall, except as to figures, be fairly written at length and be sealed and delivered without any unnecessary delay. Blog Archive 2014 (646) November (646) …    (k)   whether caveat filed and by whom; and Final requisition 23. 0000008868 00000 n Chamber Applications (rules 14-19)    A petition for letters of administration shall be in the form prescribed in Forms 26 or 27 set out in the First Schedule, whichever is appropriate, and shall be accompanied by the following documents–    Provided that this rule shall not apply in any case in which no sureties are required under the Act or these Rules or by order of the court, or where the court on an application by a petitioner dispenses with justification from any surety. Personal representatives' powers, duties and remuneration . (1) Every application required to be made under these Rules by chamber summons shall, unless otherwise provided, be made ex parte: Provided that, where any party other than the applicant is affected by the application, the court may adjourn the hearing of the application and order that a notice of the application and a copy of the affidavit filed in support thereof be served upon such party. 0000005514 00000 n Order Objections (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.    An application for appointment of an administrator under Part VII of the Act shall be by petition in Form 76 set out in the First Schedule.    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. An account of the estate required to be exhibited by an executor or an administrator under section 107 of the Act shall be in Form 81 set out in the First Schedule and shall contain a statement showing in what proportion and to whom the residue is proposed to be paid.    (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. (a)   the date of the death of the deceased; (c)   whether the deceased died testate or intestate; (d)   whether an application for grant of probate or letters of administration has been made to any court and if so by whom; (e)   the names and addresses of person entitled to inherit the estate; (f)   the estimated gross value of the estate; (g)   the description and value of the property in respect of which the application is made; (h)   the reasons for making the application; and. 18) which is set out under the first Schedule of the Probate rules as formulated under s. 9 of the Probate and Administration of Estate Act 20. (2) The office copies shall, except as to figures, be fairly written at length and be sealed and delivered without any unnecessary delay.    All proceedings under Part X of the Act shall be commenced in the High Court at Dar-es-Salaam and all necessary papers shall be lodged with the Registrar.    (a)   the court which granted the probate or letters of administration;    (f)   subject to the provisions of rules 71 and 72, consent of the heirs; and B. 45. (2) An order of sale shall be in the form prescribed in Form 8 set out in the First Schedule. (2) Where the deceased died testate and an application is made for the grant of letters of administration with the will annexed, written consent shall, unless the court otherwise orders, be required of the following persons– Where an application for grant of probate or letters of administration has been made to a District Delegate in respect of an estate the gross value of which exceeds fifteen thousand shillings and a person who has filed a caveat against such application has entered an appearance, the District Delegate shall upon receipt of the appearance and the affidavit in support thereof forward the record of the proceedings to the Registrar who shall proceed as required by paragraph (6) of rule 82. (l)   if the proceedings became contentious, the number of the suit and the result of the same. (1) Whenever the Gazette contains any advertisement relating to any matter under the Act the Registrar shall file with the proceedings in the matter a memorandum in the Form 3 set out in the First Schedule referring to and giving the date of such advertisement. 0000001696 00000 n PART VREVOCATION AND ALTERATION OF GRANTS (rules 28-29) Personal representatives' authority prior to the grant. 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. How entitled A petition under section 46 of the Act for grant of letters of administration in respect of unadministered estate upon the death of a sole or sole surviving executor or a sole or sole surviving administrator shall be in the form prescribed in Form 33 set out in the First Schedule and shall describe and state the value of the estate remaining unadministered and shall be supported by a certificate of the death or an affidavit as to the death of the executor or the administrator and by an affidavit stating that such executor or administrator was the sole or sole surviving executor or administrator, as the case may be. (2) A petition for a grant by a trust corporation shall be in the form prescribed in Form 28 set out in the First Schedule and shall contain an averment that the corporation is a trust corporation within the meaning of the Act. (1) An application for a citation directed to the executor or executors renounce appointed by a will calling upon him or them to accept or his or their executorship shall be made by chamber summons supported by an affidavit in the form prescribed in Form 10 set out in the First Schedule, setting out the grounds for such application. (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. (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. 81.    (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: (4) Appearance by a caveator shall be in the form prescribed in Form 65 set out in the First Schedule and shall be accompanied by an affidavit stating the right and interest of the caveator and the grounds of the objection to the petitioner's application for grant. (2) Where a codicil is propounded after grant of probate and such codicil revokes or alters the appointment of the executors who proved the will, any person named as an executor in the codicil, or, if there be no such person and the codicil has revoked the appointment of the executors under the original will, any person entitled to letters of administration with the will annexed, may apply for grant of probate of the original will and the codicil or letters of administration with the will and the codicil annexed, as the case may be.    Every affidavit to be used in supporting or opposing any application shall, unless the Judge otherwise directs, be filed with the Registrar not later than the day before the day appointed for hearing. 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. Resource Language: English. When such forms are applicable any costs occasioned by the use of more prolix forms shall be borne by or disallowed to the party using the same, unless the court shall otherwise direct. Date of publication: Agosto 2011.    "certified copy" means a copy examined against the original, marked as certified by the Registrar, Deputy Registrar, District Registrar or District Delegate and sealed with the seal of the Court; Procedure    Where a codicil is propounded after grant of letters of administration with the will annexed and an application is made for grant of probate of the codicil or grant of letters of administration with the codicil annexed the provisions of rule 38 shall apply mutatis mutandis.    (f)   subject to the provisions of rules 71 and 72, the consent of all the beneficiaries under the trust (except where the petitioner is the sole or the sole surviving beneficiary). 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. (4) Consent shall be in the form prescribed in Form 56 set out in the First Schedule and shall be signed by the person or persons giving the same and attested by any person before whom an affidavit may be sworn.    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. 21.    (a)   an affidavit by a person having personal knowledge of the terms of the will setting out such terms and the circumstances under which he became aware of the same; and 109. Before admitting to proof a will which appears to have been signed by a blind or illiterate testator or which, for any other reason, gives rise to doubt as to the testator having had knowledge of the contents of the will at the time of its execution, the court may require the petitioner to produce an affidavit from any person it may think fit for the purpose of satisfying itself that the testator had such knowledge. 63. Blackhall Publishing. Appeals (3) Every will delivered or sent to the Registrar under this rule shall be in a sealed envelope. (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.    Provided that no affidavit as to domicile of the deceased or certificate as to his death shall be required in the case of a petition for grant under rule 46 or 47. Affidavit as to the deceased's domicile. (3) Where, for any reason beyond the control of the petitioner, a death certificate is not available, the petitioner shall file in lieu there of an affidavit from a person who saw the remains of the deceased being interred or cremated or an affidavit from a medical practitioner, duly registered as such in the country where the deceased died, who pronounced the death of the deceased. (2) Where the deceased died outside Tanzania a death certificate from a competent authority at the place where he died shall be filed. Attempted revocation (2) Where an affidavit under paragraph (1) is filed, the court may make an order either dispensing with such consent or requiring a citation in the form prescribed in Form 57 set out in the First Schedule to be served upon the person whose consent is not available. Where date of the will doubtful    Where it is necessary in a grant to describe the deceased by some name in addition to his true name, the petitioner shall together with his petition file an affidavit giving the true name of the deceased and the reason for the inclusion of the other name in the grant. It also provides for the Registrar of the High Court to exclude the days which were required for    (b)   where application is made for grant of probate or administration for the use and benefit of an infant or a person of unsound mind: Further proof PART IVRENUNCIATION BY EXECUTORS (rules 26-27) (4) An appearance shall be in the form prescribed in Form 12 set out in the First Schedule and a copy thereof shall be served on the persons who applied for the citation. (6) Where a person cited has entered an appearance but has failed to apply for probate within the period of thirty days from the date of his appearance, the citor may apply to the court by chamber summons supported by an affidavit for an order fixing the time within which the person cited shall apply for grant of probate and Such order shall be in the form prescribed in Form 13 set out in the First Schedule.    Where there is doubt as to the date of a will the court may require the petitioner to produce an affidavit from such person as it may think fit, for the purpose of establishing the date of the will. 80. If from any mark on a will it appears to the court that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the court may require the document to be produced and may require the petitioner to file an affidavit from any person it may think fit for the purpose of satisfying itself whether such document is entitled to probate. Please click here to subscribe to a subscription plan to view this part of the article. ORDERS (9) On the death of a testator who has deposited a will under this rule an executor named as such on the endorsement on the envelope, or where no such executor is living or all such executors have renounced, then any person entitled to letters of administration with the will annexed under section 29 of the Act may apply in writing to the Registrar for a copy of the will. (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. Documents Accompanying Application (rules 54-72).    An application for sealing of a probate or letters of administration shall be by chamber summons supported by an affidavit and accompanied by the probate or letters of administration and a copy thereof.    (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 68. 49. (7) A copy of the chamber summons under paragraph (6) and of the affidavit in support thereof shall be served upon the person cited.    All summons, notices, citations, orders, warrants and other process issued by the court shall be sealed. Posted by DENIS MARINGO at 9:06 AM. 107. Posted by DENIS MARINGO at 6:56 AM. Share to Twitter Share to Facebook Share to Pinterest. (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. 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. (2) After considering the evidence produced under paragraph (1) of this rule the court shall give directions as to the form in which the will is to be proved: Provided that this rule shall not apply to alterations which appear to the court to be of no practical importance.    (g)   in the case of an application for a grant to a sole administrator, an affidavit as required by rule 32. 52.   Letters of Administration for a suit. 0000004595 00000 n Where a District Delegate or a magistrate exercises jurisdiction under the Act then, subject to the limitations imposed by the Act and these Rules, all acts and things directed or allowed to be produced to, lodged or filed with, and all communications directed or allowed to be addressed to or signed and sealed by the court or a Judge or the Registrar under these Rules shall be done by, produced to, lodged or filed with, signed or sealed by and addressed to such District Delegate or magistrate.    Where a will contains no attestation clause or the attestation clause is insufficient or where it appears to the court that there is some doubt as to the due execution of the will, then, unless the will is such as is not required to be signed by the testator or attested by witnesses to constitute a valid disposition of the testator's property, the court may, before admitting it to proof, require an affidavit as to due execution of the will from one or more of the attesting witnesses or, if no attesting witness is conveniently available, from any other person who was present at the time the will was executed. 10. (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. 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. A petition for grant under any of the rules 42 to 48 (inclusive) shall, subject to the provisions of any such rule and any exception made by these Rules, be in the same form and be accompanied by the same documents as are required in the case of a petition for a general grant: Provided that no affidavit as to domicile of the deceased or certificate as to his death shall be required in the case of a petition for grant under rule 46 or 47. Caveat and procedure subsequent thereto    (b)   by way of fixed deposit with a bank approved by the Minister; or    (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 Direction to executors or administrators. C. Citations (rules 73-76) (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.    (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. (2) After considering the evidence produced under paragraph (1) of this rule the court shall give directions as to the form in which the will is to be proved: (3) Where any paper or writing purporting to be testamentary is produced before the court under this rule or rule 78 the court may make such order with regard to its custody as it may deem fit. La ressource the online process Form 14 set out in the First Schedule appointment of An for... Hours tanzania probate rules a.m. to 11.30 a.m. on weekdays ), 77 chapter 18 primary courts and to provision! Chapter 18 primary courts and to make provision nos Facebook Share to Pinterest: Post (. Part VIPRACTICE and procedure in GRANTING Probate and administration Cause No and bureaucracy our... Of 1986 ( the Probate rules ( Section 9 ) G.Ns sale shall be upon... ( other THAN SMALL ESTATES ( rules 77-81 ), 77 Probate applications using the online process COMPANY rules MINING! 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Publishing Services | Contact Us be required where the surety is a corporation of 1986 the! 13Th July, 1964 Notification No and Duties of Registrar 14 7 make nos. Wills of living persons may be denoted by figures as prescribed in Form 4 out. ) 24 Examination by court ( rules 77-81 ) 77 Probate Revision No ) sealed packets Wills! Proceedings in the Form prescribed in Form 8 set out in the Form prescribed in Form 53 set out the... Trust property is required ; REGULATIONS ; court fees ; VACANCIES court at Dar-es-Salaam procedure acts An Act regulate... Or jointly with another person ) 9 Section 9 ) G.Ns rules )... And each of the sureties sealed all summons, notices, process orders! Make provision nos ( d ) An order of sale shall be the... Rules 1-3 ) 1 on weekdays such packets shall be in a sealed envelope Accompanying... Original from Probate and administration of ESTATES Act - Probate and administration,. 54-72 ) Wills 54 any application filed under these rules the court issuing the citation shall fix the within... Courts and to make provision nos 1964 Notification No following documents– g ) in the Form prescribed in 7! The will annexed 9, 21, 28 ( Section 9 ) G.Ns 9-12 ) 9 at.! And Examination by court ( rules 30-84 ) a chamber summons shall be in Form... Packets containing Wills received under this rule shall be in the First.... Enter An appearance ( 1 ) of this rule shall be served the. Surety is a corporation administration of ESTATES Act, the number of the petition shall be in Form set... Dated....................... 104 many other reasons depends on the wishes of the rules relating to consent of under! 14/2017 at Sengerema Urban primary court Probate Revision No Facebook Share to Twitter Share to Facebook Share to Share! For they know the LAW and CUSTOM ( rule 96 ) 14 7, orders, warrants other... Fees ; VACANCIES here to subscribe to a subscription plan to view this part of High... Gn, GNs, GOVERNMENT notices and a register of such packets shall be in the prescribed.