(7) Sealed packets containing wills received under this rule shall be numbered consecutively and a register of such packets shall be maintained. ISBN / Resource ID: LandWise:record[2567]:item[2605] This is a resource from the Resource Equity LandWise database of resources. ISBN / Resource ID: LandWise:record[2567]:item[2605] This is a resource from the Resource Equity LandWise database of resources. 83.    (a)   the serial number of the proceedings; (6) Where a caveator enters an appearance the proceedings shall be numbered as a suit and the Registrar shall appoint a date upon which the suit shall be listed before a Judge in Court for such orders as to pleadings and date of the hearing as the Judge may make. These Rules may be cited as the Probate and Administration Rules, 1980 and shall come into operation upon the date of commencement of the Act.    The oath of the executor or the administrator shall be in the form prescribed in Form 47 set out in the First Schedule and shall be sworn or affirmed before a person before whom an affidavit may be sworn or affirmed. Where a will contains no attestation clause or the attestation clause is insufficient or where it appears to the court that there is some doubt as to the due execution of the will, then, unless the will is such as is not required to be signed by the testator or attested by witnesses to constitute a valid disposition of the testator's property, the court may, before admitting it to proof, require an affidavit as to due execution of the will from one or more of the attesting witnesses or, if no attesting witness is conveniently available, from any other person who was present at the time the will was executed. 17. Grant to sole administrator Death certificate (2) The provisions of the rules relating to consent of the heirs shall apply to consent of executors under this rule.    (e)   the date of the grant or appointment of the administrator; Where no witness available 76. ORDERS (2D) Where a petition is deemed to have been withdrawn under the provisions of paragraph (2B) of this rule it shall be open to the petitioner to apply to the court for the restoration of the petition and where it appears to the court that it is just and equitable to restore the petition it shall make an order restoring the petition upon such terms as to costs or otherwise as it deems fit: Provided that no petition shall be restored under this paragraph so long as any grant by any court in Tanzania of probate or letters of administration of the estate concerned in favour of any other person is subsisting. 89. If from any mark on a will it appears to the court that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the court may require the document to be produced and may require the petitioner to file an affidavit from any person it may think fit for the purpose of satisfying itself whether such document is entitled to probate. 26. Application for order to produce testamentary paper. No comments: Post a Comment. (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. 98. 112. BY-LAWS; REGULATIONS; COURT RULES; PROCEDURES; COMPANY RULES; MINING RULES, OIL AND GAS RULES.    (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. G.Ns. e IN THE HIGH COURT OF TANZANIA MWANZA DISTIRCT REGISTRY AT MWANZA PC. (3) Every will delivered or sent to the Registrar under this rule shall be in a sealed envelope. Application for examination PART VREVOCATION AND ALTERATION OF GRANTS (rules 28-29). 42. Where any document required under these Rules to be filed with an application or otherwise produced to the court is in any language other than English there shall be attached to such document a translation thereof in English made by a person competent to translate the same and verified by such person by affidavit in the form prescribed in Form 2 the First Schedule.    (f)   subject to the provisions of rules 71 and 72, consent of the heirs; and (2) No administration bond shall be required to be filed on a petition for a grant of letters of administration by the Public Trustee or the Administrator-General. Affidavit as to the deceased's domicile.    Where an application for grant of letters of administration is required to be made by chamber summons then at the hearing of such application the court may, if it thinks necessary in the interest of the estate, make an order for publication of a general citation prior to the grant being made. 86. (4) Where the testator himself deposits his will, he shall be required to sign his name, or acknowledge his signature in the presence of the Registrar, to an endorsement on the envelope in which the will is enclosed in the Form 85 set out in the First Schedule. �ȇبÌI-\�!BQQf�K�P�c��ݛ��������|��sι �� �|���� ��1�֊ ��B�Q� �M7�O� 0000003267 00000 n PART VIIIESTATE ADMINISTERED IN ACCORDANCE WITH CUSTOMARY LAW AND CUSTOM (rule 96).    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. Tanzania Probate and Administration of Estates Act - Probate and Administration of Estates Act, 2011.    (d)   the reasons why payment or delivery into court is being made; Part II of the Supreme Court Act which contained the Probate Rules governing non-contentious probate business; Order 68 of the Supreme Court Rules which contained the provisions governing contentious probate proceedings; the Administration of Estates Act (Ch.    (f)   subject to the provisions of rules 71 and 72, the consent of all the beneficiaries under the trust (except where the petitioner is the sole or the sole surviving beneficiary). 3. The provisions of Parts IV, V and VI of these Rules (other than the provisions of rules 30, 31, 32, 63, 77, 78, 79 and 80) shall not apply to proceedings under Part VIII of the Act. 67. 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. (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) 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. (2) An application under section 59(2) of the Act for a citation to a caveator shall be in writing in the form prescribed in Form 63 set out in the First Schedule. Every petition under this part shall be accompanied by a certificate as to the death of the deceased, an affidavit as to the domicile of the deceased and an undertaking to administer the estate faithfully in the form prescribed in Form 77 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. Every court having power under the Act to issue grant of probate or letters of administration either general, special or limited, or to appoint an administrator, shall keep a register in which shall be entered–. Attempted revocation Translation in English    (a)   in any manner authorised by law for the investment of trust funds; or    (1) Where a petitioner applies under section 25 for grant of probate of a copy or draft of a will he shall file with his petition in addition to the documents required to be filed under these Rules an affidavit or affidavits– Letters of Administration (2) Where an affidavit under paragraph (1) is filed, the court may make an order either dispensing with such consent or requiring a citation in the form prescribed in Form 57 set out in the First Schedule to be served upon the person whose consent is not available.    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. CHAPTER 352PROBATE AND ADMINISTRATION OF ESTATES ACT, The Estate Duty (Exchange of Information) (Kenya) Declaration Order.    (c)   whether the deceased died testate or intestate; (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.    On any application filed under these Rules the court may make such order or orders as to costs as it deems fit.    (a)   where any person takes out letters of administration in default of the appearance of a person cited to accept or refuse a grant who has not been personally served with the citation; or    (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– 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. 2. 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