Ways of Challenging Wills Before Courts in Tanzania.

Ways of Challenging Wills Before Courts in Tanzania

A will is a legal document that expresses the wishes of a deceased person regarding the distribution of their estate after death. In Tanzania, wills are governed by the Probate and Administration of Estates Act, Cap. 352 [R.E. 2002] and Indian Succession Act of 1865. However, not all wills are valid, and interested parties may challenge them before the court on various legal grounds. Below are the key ways to challenge a will in Tanzania:

Lack of Formal Requirements. 

A valid will must be in writing, signed by the testator, and witnessed by at least two competent witnesses. A will that fails to meet these formal requirements may be declared invalid. For example, if a will lacks witness signatures, it can be challenged and set aside by the court.

Forgery or Fraud.

If a will is suspected to have been forged or fraudulently altered, an interested party can challenge its authenticity. A common example is when a will is handwritten but lacks proof that the deceased actually wrote and signed it. If proven fraudulent, the court can nullify the will and administer the estate under intestacy laws.

Undue Influence or Coercion.

A will must reflect the free wishes of the testator. If it is shown that the deceased was pressured, coerced, or manipulated into making or altering a will in favor of a specific individual, it can be challenged. For instance, if a testator was elderly and solely dependent on one family member who then pressured them to exclude other heirs, the will can be set aside.

Unreasonable or Unfair Distribution.

Although a testator has the right to distribute their estate as they wish, a will that completely disinherits legally recognized heirs without justification can be challenged. Courts may apply principles of fairness, particularly when dependents such as minor children are left without support.

Incapacity of the Testator.

The testator must be of sound mind at the time of making the will. A person making a will must have the mental capacity to understand the nature of their actions. If the deceased was mentally incapacitated due to illness or old age when making the will, it may be declared invalid.

Caveat Against Grant of Probate.

Interested parties can prevent the execution of a questionable will by filing a caveat under Section 58 of the Probate and Administration of Estates Act. A caveat serves as a legal warning to the court, preventing the grant of probate until the dispute over the will’s validity is resolved.

Conclusion

Challenging a will in Tanzania requires strong legal grounds and supporting evidence. Family members and other interested parties must act promptly by filing a caveat or petitioning the court to dispute the validity of a will. The courts will examine the claims based on legal provisions and available evidence before deciding whether to uphold or nullify the will. Proper legal guidance is crucial in ensuring a just distribution of the deceased’s estate.