On any application filed under these Rules the court may make such order or orders as to costs as it deems fit. 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. General 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.    (d)   the executor's oath. 41. Advertisement in Gazette Penalty for default of this Part and the rules made under this Act, the Public Trustee may, if he thinks fit– (a) act as an ordinary trustee; (b) be appointed trustee by a court of competent jurisdiction. Home | Terms & Conditions | Privacy Statement | Publishing Services | Contact Us. 0000005638 00000 n Verification The Probate form (form no. 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.    (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:    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:    (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 100. (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. (3) Where a person whose consent is required is an infant or a person of unsound mind consent may be given on his behalf by his guardian.    (e)   the date of the grant or appointment of the administrator; The signatures of the administrator and the sureties shall be attested by a person before whom an affidavit may be sworn. (2) The provisions of the rules relating to consent of the heirs shall apply to consent of executors under this rule.    (d)   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. (5) A copy of the appearance and the affidavit filed under the preceding rule shall be served upon the petitioner. (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: 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. (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: Wills lost or destroyed 109. (i)   except where the proposed receiver is the Public Trustee or the Administrator-General, that the person proposed to be appointed as receiver is a fit and proper person to be so appointed. (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.    (1) Where under section 121 of the Act an executor or an administrator is required to invest any sum of money, he shall invest such sum as follows– 13. A general citation shall be in the form prescribed in Form 58 set out in the First Schedule and shall be exhibited in some conspicuous part of the court house and published in the Gazette and such other newspaper or periodical (if any) as the Judge may direct. (1) An application under section 60(1) of the Act for an order directing any person to produce any testamentary writing or paper shall be by chamber summons supported by an affidavit setting out the reasons for such application.    (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. Personal representatives' powers, duties and remuneration . 0000000836 00000 n Oath PART IIGENERAL PROVISIONS (rules 4-23) (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. e IN THE HIGH COURT OF TANZANIA MWANZA DISTIRCT REGISTRY AT MWANZA PC. 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. 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. 60. SHERIA ZA BUNGE. (3) Upon receipt of an application under paragraph (2) the Registrar shall issue a citation in the form prescribed in Form 64 set out in the First Schedule to the caveator calling upon him to state, within a period of thirty days from the date of the service of the citation upon him, whether he supports the grant of probate or letters of administration to the petitioner, and, if he does not, requiring him to enter an appearance. 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.    (1) Every administration bond shall, except when the court otherwise orders, be given in double the amount of the gross value of the property for which the grant is to be made and shall be in the appropriate form prescribed in Forms 48 or 49 set out in the First Schedule. (4) Unless otherwise directed by order of the court, no person shall be accepted as a surety unless he is resident in Tanzania. 61. (3) No surety shall be required on a petition for a grant of letters of administration by a trust corporation (other than the Public Trustee) except where the court otherwise directs. (4) A notice of the hearing date in the form prescribed in Form 52 set out in the First Schedule shall be served on the petitioner and each of the persons upon whom a copy of the petition is required to be served. (4) When the court has made an order revoking or annulling a grant the Registrar shall cause a notice in the form prescribed in Form 16 set out in the First Schedule to be served, in such manner as he may think fit, upon the person or persons to whom the grant was made requiring him or them forthwith to deliver up the probate or letters of administration to him. (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. (2C) Service of a notice under paragraph (2A) of this rule shall be by personal service either on the petitioner or his advocate through whom the petition was lodged or by registered post.    (1) An application for an order dispensing with a bond or sureties or both or for an order accepting one surety instead of two shall be made by chamber summons supported by an affidavit giving reasons why the order applied for should be made. 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. The Registrar on receiving probate or letters of administration under rule 97 shall cause the copy lodged therewith to be compared with that to be produced to the court and on its conforming therewith shall endorse a certificate to that effect upon the copy which shall be retained by the court. G.N. THE ESTATE DUTY (EXCHANGE OF INFORMATION) (KENYA) DECLARATION ORDER    A petition for the grant of letters of administration upon the expiry of a limited grant shall be in the form prescribed in Form 34 set out in the First Schedule and shall contain a statement showing that the grant originally made has expired and shall describe and state the value of the portion of the estate remaining unadministered. (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.    (c)   the date of the deceased's death; 82.    (d)   an administration bond in the form prescribed in Form 41 set out in the First Schedule. (1) Every proceeding in court under the Act shall be dated and be entitled "Probate and Administration" with the name of the court and the matter to which it relates. Jurisdiction of District Delegates and Magistrates    Where the deceased made an oral will or where the written will has been lost or destroyed and no draft or copy thereof is available then, unless oral evidence in support of the petition is to be given, the petition shall be accompanied by an affidavit of a person having personal knowledge of the terms of the will setting out such terms, the circumstances under which he became aware of the same and such other facts which may raise a presumption in favour of the validity of the alleged will.    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. (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. 91. Payment into court on account of minor Direction to executors or administrators.    (1) A petition for grant of probate shall be in the appropriate form prescribed in Forms 18, 20, 21 and 22 set out in the First Schedule and shall be accompanied by the following documents– 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 … (g)   in the case of an application for a grant to a sole administrator, an affidavit as required by rule 32. Will of living persons deposited with High Court. Further proof (1) Wills of living persons may be deposited in the Registry of the High Court at Dar-es-Salaam. 78. Trust corporations. 40. Documents Accompanying Application (rules 54-72). (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. The two brothers were appointed by the said court as executors of the deceased Will dated 13th January, 1983 and were granted Letters of Probate (Exhibit D26) on 3rd February, 1987.    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. 1. 0000003267 00000 n 0000002730 00000 n (5) Where a corporation (other than a trust corporation) has executed a bond as a surety, there shall be filed an affidavit in the form prescribed in Form 50 set out in the First Schedule made by a proper officer of the corporation to the effect that it has power to act as surety and has executed the bond in the manner prescribed by its constitution and shall contain sufficient information as to the financial position of the corporation to satisfy the court that its assets are sufficient to satisfy all claims which may be made against it under the bond. Where an application by chambers is required. Filing affidavits    Provided that the original will shall be removed from the record by the Registrar immediately after the grant and shall be preserved in a safe provided for the purpose. 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.    (a)   subject to the provisions of rule 63 a certificate of death of the deceased signed by a competent authority;    (1) An application for appointment of a receiver under section 10 of the Act shall be made by chamber summons supported by an affidavit or affidavits showing– 74. 49. (2) A chamber summons shall be in the form prescribed in Form 4 set out in the First Schedule. Counter-affidavit Application for examination Copy of order to be served on petitioner 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 Order (8) All sealed packets containing wills received under this rule shall be preserved in a safe to which only the Registrar shall have access. (3) A petition under paragraph (2) shall be in the form prescribed in Form 39 set out in the First Schedule and shall, subject to the provisions of these Rules, be accompanied by the following documents–. (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.    "Minister" means the Minister responsible for legal matters; Oral wills (3) The court may require the petitioner to produce further evidence by affidavit or otherwise for the purpose of satisfying itself of the existence of the will, its terms or the circumstances under which it was made.    (c)   whether the deceased died testate or intestate; Jukwaa la Sheria (The Law Forum) 3: Apr 21, 2017: Msaada Mwenye Rules hizi soft copy: Jukwaa la Sheria (The Law Forum) 7: Sep 11, 2016    Where only a copy of a will is available the petition shall be accompanied by an affidavit showing the correctness of the copy, validity of the original will and reasons why the original will has not been produced. (1) In any case where probate or administration is for the first time applied for after expiration of three years from the death of the deceased, the petition shall contain a statement explaining the delay.    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: Petition for probate (1) A petition for grant of probate shall be in the appropriate form prescribed in Forms 18, 20, 21 and 22 set out in the First Schedule and shall be accompanied by the following documents– (a) the last will of the deceased and all codicils thereto and, when necessary, a translation thereof; (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.    (c)   whether a grant of probate of the will or letters of administration of the estate of the deceased has been made to or applied for by any person and if so, the particulars of the grant or application and the name and address of the grantee or applicant; Ss 114, 116 ( f ) reasons why a grant to a surety 's financial position shall be a. 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