(2) The court may require the petitioner to produce further evidence on affidavit or otherwise for the purpose of satisfying itself as to the existence of the original will, the accuracy of the copy or the draft or the circumstances of loss or destruction. 59. (1) An application under section 60(2) of the Act for examination of any person alleged to have any knowledge of any testamentary paper or writing or of an oral will shall be by chamber summons supported by an affidavit setting out the reasons for such application. 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. (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. 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. Perception of Rule of Law in Tanzania United Republic: Jukwaa la Sheria (The Law Forum) 1: Oct 8, 2018: G: Rule of natural Justice! PART XEXECUTORS AND ADMINISTRATORS (rules 105-113A) 111. Access original publishing page.    (1) Where under section 124(1) of the Act any other law for the time being in force an executor or administrator pays any money or security or delivers any thing into the court to the account of a person entitled to such money, security or thing under the will or on intestacy, he shall at the time of making such payment or delivery, file an affidavit stating– 19. 46. Delay in application 61. 17. Grant where citation published This section of the article is only available for our subscribers. (1) A certificate as to a surety's financial position shall be in the form prescribed in Form 54 set out in the First Schedule and shall be attested by a person before whom an affidavit may be sworn.    (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 �ȇبÌI-\�!BQQf�K�P�c��ݛ��������|��sι �� �|���� ��1�֊ ��B�Q� �M7�O� (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. 0000009906 00000 n 85.    (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: (4) Where the testator himself deposits his will, he shall be required to sign his name, or acknowledge his signature in the presence of the Registrar, to an endorsement on the envelope in which the will is enclosed in the Form 85 set out in the First Schedule.    (l)   if the proceedings became contentious, the number of the suit and the result of the same.    (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. 30.    On any application filed under these Rules the court may make such order or orders as to costs as it deems fit. 01 OF 2020 (Original from Probate and Administration Cause No.    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. 15.    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. 103. (1) The death certificate shall specify the date, the place and the cause of the death of the deceased and shall be signed by a person having authority to sign the same.    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. 2.2.5 Non-Christian Asiatic lawUnder section 6(1) succession to the movable property in Mainland Tanzania of adeceased Non-Christian Asiatic who at the time of death is domiciled in MainlandTanzania and to the immovable property in Mainland Tanzania of such a Non-Christian Asiatic whether or not domiciled in Mainland Tanzania at the death,shall be regulated by the law of the religion professed by that Non-ChristianAsiatic at death provided that: (a) the law … (a)   the last will of the deceased and all codicils thereto and, when necessary, a translation thereof; (b)   subject to the provisions of rule 63, a certificate of death of the deceased signed by a competent authority; (c)   an affidavit as to the deceased's domicile at the time of his death; and.    (1) An application by a receiver under section 11 of the Act for an order of sale of any property shall be by chamber summons supported by an affidavit setting out the reasons for making such application. (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. Acesse a página de publicação original. (2) The court may require the petitioner to produce further evidence by affidavit or otherwise for the purposes of satisfying itself as to the existence of the will, its contents or the circumstances in which it was lost, misplaced or destroyed. (b)   such person or persons, being beneficiaries under the will, as would have been entitled to the whole or part of the testator's estate had the testator died intestate. Where an executor renounces his right to probate in writing such renunciation shall be in the form prescribed in Form 9 of the First Schedule. 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. Renunciation 2.    (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. %%EOF A petition for grant of letters of administration with or without the will annexed by a guardian of a minor or some other person on behalf of a minor under section 36 of the Act shall be in the form prescribed in Form 31 set out in the First Schedule and shall state in what manner, if any, the petitioner is related to such minor and shall be accompanied by a certificate as to the date of the birth of the minor issued by a competent authority, or, where such certificate is not available, by an affidavit from a person able to depose to the date of the birth of the minor. 51. 58.    (a)   the universal or residuary legatee; and (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. Application for extension of time to file inventory or account. D. Production of Documents and Examination by Court (rules 77-81), 77. G.N. Copies and Search (rules 22-23) Appointment of receiver B. 112.    (e)   the date of the grant or appointment of the administrator;    Where an application for grant of probate or letters of administration with or without the will annexed is required to be made by way of petition, on receipt of such petition and such other documents as are required to be filed therewith the Registrar shall submit the same to a Judge in chambers, who, if he is satisfied that the application and the supporting documents are in order and no further evidence or proof is required, shall endorse on the record an order directing the Registrar to publish a general citation:    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.    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– Tanzania Probate and Administration of Estates Act - Probate and Administration of Estates Act, 2011. 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. Haki Bulletin Newsletter; Speech; Public Notice; Publications; Essential Reading; Audio; Video; Radio & TV Programs; Downloads; Photo gallery; CONTACT US. RULES GOVERNING PROBATE AND ADMINISTRATION MATTERS, 1964 Notification No.    (a)   the serial number of the proceedings; (5) A copy of the appearance and the affidavit filed under the preceding rule shall be served upon the petitioner. Every executor and administrator empowered to distribute the assets of the deceased shall, within sixty days of his appointment, cause a notice in the form prescribed in Form 84 set out in the First Schedule to be published in the Gazette requiring any person having any claim against such assets to inform such executor or administrator within such time, not being less than two months from the date of the notice, as may be fixed in the notice. Form and signature of grants 0    (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. Attempted revocation Email This BlogThis! Application for order to produce testamentary paper. (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. Service (rule 13) 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. 114. Assignment of administration bond Any person wishing to object to an application for sealing of a probate shall have the right to appear and be heard at the hearing of the application. Share to Twitter Share to Facebook Share to Pinterest. IN THE COURT OF APPEAL OF TANZANIA AT DAR-ES-SALAAM (CORAM: OTHMAN, C.l., MASSATI, l.A., And MUGASHA, l.A.) CIVIL APPEAL NO. (3) The petition shall be heard and determined in chambers on a date and at a time appointed by the Registrar. 95. Rectification of grant    Where an executor renounces his right to probate in writing such renunciation shall be in the form prescribed in Form 9 of the First Schedule. (3) The petition shall be heard and determined in chambers on a date and at a time appointed by the Registrar. 78.    Every court having power under the Act to issue grant of probate or letters of administration either general, special or limited, or to appoint an administrator, shall keep a register in which shall be entered– 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. 69. SHERIA ZA BUNGE. (2) An order of sale shall be in the form prescribed in Form 8 set out in the First Schedule. 50. Marking of wills The probate or letters of administration, when sealed by the High Court, shall be returned to the person who produced the same: Provided that all court fees, costs and charges incidental thereto have first been paid.    (e)   the names and addresses of person entitled to inherit the estate; G.Ns. Security (2A) Where a petitioner fails to make an application under section 59(2) of the Act within thirty days after the petition or the caveat has been lodged, whatever is the later, the Registrar shall cause a notice in the form prescribed in Form 63A set out in the First Schedule to be served upon the petitioner requiring him to lodge such application within a further period of twenty-one days from the date of the service of the notice.    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–    (1) An application for rectification of a grant under section 48 of the Act may be made by chamber summons supported by an affidavit setting out the grounds for such application.    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. 113. (1) Where a petitioner applies under section 25 of the Act for grant of probate of a will which has been lost, misplaced or destroyed and of which no copy or draft is available he shall file with his petition the following documents in addition to the documents required to be filed under these Rules–. Grant during minority Trustee means a person who holds, controls and manages property or any other interests for the benefit of a beneficiary or beneficiaries or for purposes specified in the document creating the trust Trust law in Tanzania is governed by the Trustees Incorporation Act Cap 318 [2002]; and Trustees Incorporation Rules… (2) Service of the notice under this rule shall be by personal service or, where in the opinion of the Registrar personal service cannot be effected or cannot be effected without undue delay or expense, by registered post or by affixing a copy of the notice in some conspicuous place in the court house and also some conspicuous part of the house in which the executor or the administrator is known to have last resided or carried on business or personally worked for gain. (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. 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