Wills
Wills : A Testament To The Importance Of Planning For The Future
By Ernestilla Bahati
In many African cultures , preparing for what will happen after one ' s passing is considered to bring bad luck , almost as if it were inviting death . Consequently , many Africans depart without creating a will , a crucial legal document that offers instructions to descendants on the distribution of one ' s properties after death .
A person who dies without leaving behind a Will is said to have died intestate . While one who dies leaving a Will behind is said to have died testate .
Passing away without a will can lead to numerous complications , especially in complex family structures . For example , in cases where a man had multiple wives and children , the absence of a will can result in prolonged legal disputes and strained family relationships . Additionally , it may also lead to the neglect and waste of properties left behind without a designated administrator to oversee their preservation .
Legal Frame-work in Tanzania
In Tanzania , there is the Probate and Administration of Estates Act Cap . 352
RE 2019 , which as well necessitates involvement of the Court , whether or not a person has died intestate . Where one has died testate , that is , has left behind a Will , our Courts require the person named as Executor of the deceased ’ s estate to file a Petition in Court applying to be issued with Probate of the deceased ’ s estate .
Where one has died intestate , the Act requires a family to appoint a person or persons who will stand as Administrators of the deceased ’ s estate . The family meeting is required to record minutes which are filed together with other statutory forms , and once the Court is satisfied that the person so applying was properly appointed , the said person will be issued with “ Letters of Administration ” to administer the deceased ’ s estate .
Our Laws allow parties who object to the grant of either “ Probate of the Will ” ( Where the deceased left behind a Will , ( died testate ) or to a grant of “ Letters of Administration ” where the deceased died intestate , to file a Caveat in Court , objecting either to the grant of “ Probate of the Will ” or of “ Letters of Administration ” and to give reasons for the said objection .
After dedicating an entire lifetime to providing for the well-being and prosperity of our loved ones , it is truly disheartening to witness hard-earned assets wasted in legal battles over inheritance rights . It is crucial to ensure that our legacy endures and benefits future generations equally , and the best way to achieve this is through the creation of wills .
This is the point at which complications arise . When a caveat is filed , the probate matter transforms into a civil lawsuit , with the caveator assuming the role of defendant and the individual petitioning for grant of letters of administration or probate of the will becoming the plaintiff .
When the case is heard , and the Court issues a judgment , parties have the right to appeal against the said Judgment to higher Courts . This can take years to reach the Court of Appeal , which may again , order parties to go back to a lower Court to be heard afresh .
While interested parties are allowed by Law to file caveats even when the deceased died testate , existence of a Will reduces incidents of caveats , and of spending years in Court fighting over properties left behind by the deceased . It also ensures that one leaves clear directives with regards to properties acquired during one ’ s lifetime .
The repercussions of dying without leaving behind a Will can be far-reaching ; from financial implications to emotional strain on families dealing with unresolved matters following their loved one ' s passing . The absence of a clear directive often leads to lengthy legal processes and bitter disputes over inheritance rights , creating turmoil within families during an already challenging time .
My parents passed away in 2017 and 2019 , leaving behind eight adult children , myself included . Each of us has our own unique personalities , beliefs , and ways of life . Regrettably , they did not leave a will . Since 2019 until now , our family has been hanging by a fragile thread due to disputes over estate administration and property inheritance rights .
Through my personal experience dealing with the aftermath of their passing without a will , I have become well-versed in the severe consequences that can arise .
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