Under a petition for grant of probate to succeed there must be a will. See section 24(1) of the Probate and Administration Act, Cap, 352 provides that;
24(1) “Probate may be granted only to an executor appointed by the will” and Rule 33 of the Probate Rules requires, inter alia that;
a). The last will of the deceased and all codicils thereto shall accompany the petition for grant of probate. Discussing the two provisions the Court of Appeal of Tanzania in Hansund Ghikas vs. Ludiuma G. Ghikas [1992] TLR 288 said at pg 259 thus;
“ the reading of both provisions makes it abundantly clear that the petition for, and grant of probate presuppose the existence of a will"
Note: The term codicils means instruction that is added later to a will, usually to change part of it.
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