A will (hereinafter referred to as a “Will”) is a written instrument that outlines the desires of a deceased individual concerning the allocation of their estate and the management of any assets following their passing. Section 2 of the Probate and Administration of Estate Act, Chapter 352, Revised Edition 2002 of the laws of Tanzania (hereinafter referred to as the “Probate Act”)defines it as “the legal declaration of the intentions of a testator with respect to his property(ies) which he desires to be carried into effect after his death.”
In Tanzania, there are mainly two (2) types of a Will, namely, an oral or a written one. For this article, we will focus on a written Will.
Why should one have a Will?
In practical terms, having a Will guarantees that a person’s desires will be followed after their passing. In Tanzania, there is a mistaken belief that only affluent individuals should create a Will, and by doing so somehow invites one’s demise. Nonetheless, this notion is incorrect. Any individual can create a Will, as long as they comply with legal stipulations.
Essential elements of a Will
When a testator makes his or her last Will certain crucial factors, among others, must be taken into account. For example, a testator creating the Will must possess sound mental capacity. A valid Will should also designate the executor or executrix, the individual responsible for managing a testator asset(s) after the testator passes and ensuring compliance with the instructions laid out in the Will. A Will must also be signed, dated by the testator, and witnessed by two persons who are not beneficiaries.
Other elements which help prepare a Will must be as follows: -
Why it is important to have a Will?
A Will is used as a means to direct where and to whom the testator’s estate will go after his or/her demise. It is also a tool to distribute a testator’s assets according to the testator’s wishes. Articulating the testator’s wishes helps prevent unnecessary disputes upon their passing. Additionally, a Will has the potential to create a lasting legacy by allocating a portion of one’s estate to a charitable organization.
Custody of a Will
In Tanzania, there is no requirement to register a Will. However, a testator has different options to keep custody of his or/her Will. A Will can be placed with a lawyer or a bank. Further, one can also deposit a Will with the High Court for safe custody. This option is provided for, under section 114 of the Probate and Administration of Estate Rules, Chapter 352, Revised Edition 2002 of the laws of Tanzania. In addition, a Will can be deposited with the Registration Insolvency and Trusteeship Agency (RITA).
In conclusion, once the idea of writing a Will is conceived, then one is encouraged to write it. Making this crucial move shows responsibility and forethought, as well as thoughtfulness and consideration for those whose lives your actions may impact in the future.
By Samira Omary Mdewele - Intern
Note: This is not a legal opinion, and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.
