My background as a practicing Attorney , having handled numerous probate Cases for clients has also equipped me with first-hand experience of complications that come about in Probate Matters , especially where there is no Will to guide beneficiaries . While some families are able to peacefully navigate these complexities without causing irreparable damage to family ties , this is not always the case .
What should one bear in mind whilst preparing a Will ?
Ensure that the Will names an Executor
Aside from providing guidance on how one ’ s properties ought to be distributed amongst heirs , A will should also name an Executor of the deceased person ’ s estate . This will remove the need for a family meeting to appoint an Administrator to administer the estate as per the Will . In situations where a Will fails to name an Executor , the Law in Tanzania allows one to apply for Letters of Administration with the Will annexed . It is however more efficient to ensure that the Will names specifically an Executor of the Estate as this will help to avoid conflicts that may sprout owing to discontent with who ought to be the administrator .
Ensure that the Executor is a trusted and reliable person
An executor is the person responsible for carrying out your wishes under the Will . It is necessary to ensure that the person you choose as an Executor is capable of carrying out your wishes , is willing to do so and is trustworthy .
Identify heirs or beneficiaries
Ensuring that the Will names ALL your heirs will reduce incidents of conflicts amongst family members . Where one has children born out of wedlock for instance , it is important to ensure that they too are named in the Will and are provided for .
Update the Will regularly by signing codicils
Where one acquires more properties , opens a new bank account , acquires a new life insurance policy and so forth , the Will must be updated to reflect this and to state exactly what you wish to do with the newly acquired wealth .
Consult a Lawyer
Seeking legal advice whilst preparing a Will ensures that you avoid technicalities that might render the Will unenforceable
Be specific
Clearly outlining how you want specific assets distributed can help prevent confusion or disagreements among beneficiaries after you ' re no longer able to clarify matters yourself .
Document important information
Keeping records of important information such as Bank accounts , properties , and debts will ensure that the Executor has the necessary information to carry out his obligations efficiently
Communicate your wishes
Inform your family members what your wishes are before drafting the Will and after completion of the Will . This will ensure that they are all aware of your wishes and will remove unmet expectations , which contribute to a great extent , to conflicts . Store safely
Safeguarding the original copy of the will is critical ; storing it securely but making sure trusted individuals know where to find it ensures that its contents are accessible after you are gone .
Conclusion
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 . Let us embrace this practice wholeheartedly , as it is essential for safeguarding our legacy and ensuring that our wishes are upheld .
Ernestilla Bahati is the Principal Partner at Ernestilla , Mafita & Company Advocates . She has effectively advocated for both corporate entities and individual clients in a myriad of cases , encompassing Civil , Employment , and Commercial Litigation . You can commune with her via email at : Tilla @ emandcoadvocates . co .