1) Grant of representation

A document obtained from the court to prove the legal authority of the person entrusted to deal with a
deceased person's estate (called the personal representative).

A grant of representation is required to enable the personal representative to deal with the deceased
person's estate, for example to transfer or sell property or to close bank accounts.

If there is a will appointing a personal representative, he or she is called the executor (sometimes a
woman is called the executrix). He or she will obtain a grant of representation called the grant of
probate.

If there is no will (or if the will is invalid), the personal representative is called the administrator. He or
she will obtain a grant of representation called the letters of administration.

If there is a will, but it does not appoint an executor (or if the executor is unable or unwilling to act), the
personal representative is also called the administrator. He or she will obtain a grant of representation
called the letters of administration with will annexed.

A grant of representation gives legal permission to an executor or administrator to deal with the assets
and estate of the deceased. It is required in any instance where land is to be transferred.

2) The Concept of personal representative

person authorised in law to dispose of the property of someone who has died. Represents the
deceased as sense of being able to lawfully do such things as the deceased himself may have done if
he were alive. A personal representative appointed under a will to distribute the property of a dead
person according to the terms of the will is called an executor, as he executes the wishes of the
dead person. The person appointed by the court in case of intestacy, and in testate cases where
there is no proving executor, is called an administrator.
In the G.N .NO.49 of 1971 ,Primary court -rules ,section 2 ,state as Administrator as person to whom
a grant of administration has made under rules and includes an executor appointed by will to whom
such grant has been made.

Powers ,rights,duties and liabilities

i)Power to dispose deceased property,as section 101 of cap 352 ,explain such power vested to
executor or administrator to dispose movable property as he thinks fit ,as involving on sale ,morgage
,Leasing such deceased property.

ii)liability of care and management,as section 102 of the act ,as the executor or administrator have
duty of caring the estate ,also if estate was involving on issue of religious,charitable and other
objects ,as needs improvement it will be duties for administrator or executor to care and managing.
 iii)As to deceased’s funeral.– It is the duty of an executor to provide funds for the performance of
the necessary funeral ceremonies of the deceased in a manner suitable to his condition, if he has left
property sufficient for the purpose.as section 106 of the act.

iv)as section 107 of cap 352 , An executor or administrator shall, within six months from the grant of
probate or letters of administration, or within such further time as the Court which granted the
probate or letters may appoint, exhibit in that Court an inventory containing a full and true estimate
of all the property in possession, and all the credits, and also all the debts owing by any person to
which the executor or administrator is entitled in that character; and shall in like manner, within one
year from the grant or within such further time as the said Court may appoint, exhibit an account of
the estate, showing the assets which have come to his hands and the manner in which they have
been applied or disposed of. the executor or administrator shall include in the inventory of the
effects of the deceased all his moveable and immoveable property situate in India, and the value of
such property situate in each state shall be separately stated in such inventory, and the probate or
letters of administration shall be chargeable with a fee corresponding to the entire amount or value
of the property affected thereby.

v)duty of payment of deceased debts.

As section 109 and 110 of cap 352 ,debts to be paid before legacies ,debts of every description must
be paid before any legacy ,all debts include funeral expenses.

vi)abatement of General legacies and equality legacies.

As per section 111 of cap 352, If the assets, after payment of debts, necessary expenses and specific
legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be
diminished in equal proportions, and, in the absence of any direction to the contrary in the will, the
executor has no right to pay one legatee in preference to another, or to retain any money on
account of a legacy to himself or to any person for whom he is a trustee.

vii)abatement of specific legacies

As per section 112 of the act, the estate of the deceased testator is solvent but there are insufficient
assets to satisfy all the legacies after paying the liabilities of the estate.

viii)Refund of legacy paid under court order

An executor who has paid a legacy under the order of a court is entitled to call upon the legatee to
refund in the event of the assets proving insuffient to pay all the legacies,section 130 of the cap 352.

Death of personal representative and its legal consequences,

section 45 and 46 of cap 352

Death of one of several personal representatives Where probate or letters of administration have been
granted to more than one executor or administrator and one of them dies, the representation of the
estate administered shall, in the absence of any direction in the will or grant accrue to the surviving
executor or executors or administrator or administrators.
 Death of sole or surviving personal representative On the death of a sole or sole surviving executor who
has proved the will or of a sole or sole surviving administrator, letters of administration may be granted
in respect of that part of the estate not fully administered, and in granting such letters of administration
the court shall apply the same provisions as apply to original grants: Provided that where one or more
executors have proved the will or letters of administration with the will annexed have been issued, the
court may grant letters of administration under this section without citing an executor who has not
proved the will.

In section 9 of cap 310 ,The right which generated to the deceased beneficiaries or representative shall
also conferred those survived in particular cause of action ,as those who remain shall continue
maintaining and reserving deceased estate.

Who May qualified for appointment

Who may be granted with Probate? Executor named in the will.

Trust or public trustee.

Administrator general.

Numbers of executors or administrators

The maximum number of executor is four (4) therefore Probate or letters of administration shall not
be granted to more than four persons in respect of the same property, and letters of administration
shall, if there is a minority or if a life interest arises under the will or on an intestacy, be granted
either to a trust corporation, solely or jointly with an individual or to not less than two individuals:
However, in granting letters of administration the court may act on such prima facie evidence,
furnished by the applicant or any other person, as to whether or not there is a minority or life
interest.

Case of celestina Paulo v Mohammed Hussain(1970)

The case which the interpretation of wills comes to contradiction as the respondent denay the
choosen of the appelant as executor due to religious difference with testator.

Doctrine of relation back

any act that you do on behalf of the estate becomes valid after you are appointed the personal
representative, if such actions are beneficial to the estate.

Application for grant of representation

Before petitioning for court to grant immediately after the death of the deceased it to check if
there is a valid Will and if it names Executors. The Executors are responsible for the correct
administration of an estate. The Executors apply for a Grant of Probate. If there is not a Will or
validly appointed Executors then the law sets out who may apply to the Court as Administrators
to obtain the legal authority to administer the Estate
A family or clan meeting should be convened - This meeting is very important whether we are
dealing with intestate or testate person. The purposes of family meeting are;To decide the mode
of life of the deceased.To decide the domicile (place of abode) of the deceased,To identify the
 wishes of the testator (A Will) ,dentify beneficiaries ,To discuss funeral expenses,To identify and
discuss properties on debts, bank accounts, shares, houses, cars, cash, jewelries, furnitures etc.
Procedure of grant probate
It is by way of pettion , This is where by the executor requests the probate court to grant letters
which are official court documents giving the executor the power to act on behalf of the estate
by filing FORM No.18. As provided under THE PROBATE AND ADMINISTRATION OF ESTATES
ACT CAP 352. Section 55(1) Application for probate or for letters of administration shall be
made by a petition with the will.
The application for letters of administration shall be made by petition as per section 56 of the
Probate and Administration of Estates Act.29 The petition shall contain the following:  The date
and place of the deceased's death. The family or other relatives of the deceased, and their
respective residences.  The right in which the petitioner claims.The amount and nature of
assets which are likely to come to the petitioner's hands.  That diligent search has been made,
and no valid will has been discovered. Whether any proceedings for the grant of letters of
administration, or otherwise for the administration of the estate, have been commenced before
any other court or authority, whether within Tanzania or outside it.
In addition to these particulars the petition shall further state, when the application is to a District
Delegate, that the deceased at the time of his death had a fixed place of abode within the
jurisdiction of such Delegate.
. The petition shall be signed by the petitioner and advocate if any. This provided under section
57 of the Probate and Administration of Estates Act.
A petition for letters of administration shall be in the form prescribed in Forms 26 or 27 set out in the
First Schedule, as per rule 39 of the Probate Rules.
Jurisdiction of probate matters
High court
As provided under THE PROBATE AND ADMINISTRATION OF ESTATES ACT CAP 352 Section 3. The
High Court shall have jurisdiction in all matters relating to probate and the administration of
deceased's estates, with power to grant probates of wills and letters of administration to the estates
of deceased persons and to alter or revoke such grant.as As provided under THE PROBATE AND
ADMINISTRATION OF ESTATES ACT CAP 352 Section 4. The High Court shall have jurisdiction to re-
seal grants of probate and letters of administration made by a court of probate in any part of the
Commonwealth in accordance with the provisions of Part X of this Act.
District delegate court
As provided under THE PROBATE AND ADMINISTRATION OF ESTATES ACT CAP 352. Section 5.(1)
The Chief Justice may, from time to time, appoint such resident magistrates as he thinks fit to be
District Delegates.
But according to recent Chief Justice's Circular, any Resident Magistrate who has practised for a
year is qualified to act as a District Delegate. A District Delegate should exercise his powers of
granting probate and letters of administration of estates where the deceased at a time of his death
had his fixed place of abode within his Jurisdiction. P owers of the District Delegate under the
Probate and Administration Of Estates Act in matters relating to probate and administration of
deceased's estate including;1. Powers over all non-contentious matters. 2. Powers in contentious
matters which do not exceed fifteen thousand shillings or where it exceeds such amount, the District
delegate has to get direction of the High Court whether or not it should proceed with the case.
Primary court
The Primary Court enjoys the Jurisdiction over administration of deceased's estate where the law
applicable to the administration and distribution of estate is Customary law or Islamic law. As
provided under THE MAGISTRATES' COURTS ACT CAP 11 Section 18.(1) A primary court shall have
and exercise jurisdiction– (a) in all proceedings of a civil nature– (i) where the law applicable is
customary law or Islamic law: (2) The Chief Justice may, by order published in the Gazette, confer
upon a primary court jurisdiction in the administration of deceased's estates where the law
applicable to the administration or distribution of, or the succession to, the estate is customary law
or, save as provided in subsection (1) of this section, Islamic law.
Oral wills
This is a will that has been delivered orally (that is in speech) to witnesses, as opposed to the usual
form of wills, which is written and according to a proper format. As provided under THE PROBATE
AND ADMINISTRATION OF ESTATES ACT CAP 352. Section 25.-(3) Probate may be granted of the
contents of an oral will, if they can be established by evidence.
THE REQUIREMENTS ON ORAL WILL
. FORM 20 [PETITION FOR PROBATE OF ORAL WILL] (Section 25 and Rule 35)
Affidavit of a person who has personal knowledge of the terms of the Will. As provided under THE
PROBATE RULES Rule 35.Oral wills Where a petitioner applies under section 25(3) of the Act for
grant of probate of an oral will he shall file with his petition the following documents in addition to
the documents required to be filed under these Rules– (a) an affidavit by a person having personal
knowledge of the terms of the will setting out such terms and the circumstances under which he
became aware of the same; and (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.
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.
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.
FORM 22 [PETITION FOR PROBATE OF COPY OR DRAFT WILL] (Section 25, Rule 37) . Affidavit
showing that the copy produced is an accurate copy of the original Will. Affidavit proving the
existence of the will after the death of the testator where the will has been destroyed, the
circumstances of such destruction or where the original is in possession of a person outside
Tanzania, that such person has refused or neglected to deliver it up. As provided under THE
PROBATE RULES Rule 37. Probate of copy or draft of will (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– (a) showing that the
copy produced is an accurate copy of the original will; and (b) proving the existence of the will after
the death of the testator or, where the will has been destroyed, the circumstances of such
destruction or where the original is in possession of a person outside Tanzania, that such person
has refused or neglected to deliver it up. (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.
Codicil
This is a document which explains or alters, add or supplement that modifies, or revokes a Will or
part of one the Will. provided under THE PROBATE AND ADMINISTRATION OF ESTATES ACT CAP
352. Section 2. "codicil" means an instrument made in relation to a will, and explaining, altering or
adding to its dispositions; As provided under THE PROBATE RULES Probate Rule 38.Where a codicil
is propounded after grant of probate and such codicil does not revoke or alter the appointment of
the executors who proved the will, such executors may obtain probate of the codicil upon filing a
petition for grant supported by the codicil and such petition shall be in the form prescribed in Form
23 set out in the First Schedule. Where a codicil is propounded after grant of probate and such
codicil revokes or alters the appointment of the executors who proved the will, any person named as
an executor in the codicil, or, if there be no such person and the codicil has revoked the appointment
of the executors under the original will, any person entitled to letters of administration with the will
annexed, may apply for grant of probate of the original will and the codicil or letters of administration
with the will and the codicil annexed, as the case may be. An application for grant of probate or
letters of administration under paragraph (2) of this rule shall be by way of petition in the form
prescribed in Form 24 or 25 set out in the First Schedule, whichever is appropriate, setting out the
date of the grant of the probate of the original will or of letters of administration with the will
annexed and the circumstances under which discovery of the codicil was made and such application
shall be supported by the consents of the executors who proved the will and by the documents
required by those Rules to be filed with an application for grant of probate or letters of
administration with a will annexed with the exception, of the testator's death certificate and the
affidavit as to his domicile.
General court procedure
In form 58 as if there is no objection.

Contentious proceedings

A contentious proceeding, which is contested or disputed, is one which occurs where two or more
parties are in dispute over probate and/or letters of administration matters. The most common issues
that give rise to contentious proceedings in probate and/or letters of administration matters include, but
are not limited to:-

disputes between executors/executrix and beneficiaries of a deceased’s estate;

disputes among beneficiaries of a deceased’s estate, such as entitlements of such beneficiaries;

validity of wills, whether made under duress, coercion or under undue influence; and

disputes regarding the capacity of the executor/executrix or administrator/administratrix.

If a person intends to raise any objection(s) based on the grounds above mentioned (and/or others),
then such a person will have to raise an objection which is known as a caveat. A caveat can be defined to
mean a warning that particular issues should be considered before any court action can be taken.
Normally, a caveat is lodged by a person who is known as a caveator against a petitioner in such
proceedings (who can either be an executor/executrix or administrator/administratrix) who petitions for
a grant of probate or a letter of administration.
Ground for contesting

1. The Will is not valid

There are certain regulatory provisions that cover the validity of a will. For example, a will will be invalid
if it is not the most recently made will, if it was altered after signature, or was not executed according to
the requirements under the legislation. Further, ambiguity over the language used in the will may lead
to invalidity.

2. The maker of the Will did not have capacity or was unduly influenced at the time

Under the Successions Act , there are strict rules as to who can make a will. Although everyone over the
age of 18 can make a will, they must have the mental capacity to do so. These are issues that often arise
where the will-maker is elderly, ill or intellectually disabled.

Testamentary capacity refers to the capacity to understand what a will is, to be aware in general terms
of what they are disposing of and to have the ability to make the moral decisions involved in will making.
Where a person lacks the capacity to make a will, an application may be made to have a court
authorised will made, or an existing will altered or revoked.

A will may also be challenged on the grounds of coercion by someone who stood to gain much from it.
Where a person has exerted undue influence, in the form of pressure, force or fear, the will may be set
aside. However undue influence is not easy to prove. Flattery and persuasion to a certain extent is not
unlawful. The court will only overturn a will where the influence is to such an extent, that the will-
maker’s intentions were not followed through. These types of claims are normally only successful where
there was a witness present, and a claimant will need to provide much evidence of the coercion.

3. A later or earlier Will should apply

A will may be invalid if another will is found that was made at a later date.

4. The Will was forged

A will may be challenged if it is suspected that it was forged. However, as with undue influence, it can be
difficult to prove that a will is forged. The onus on proving that it is forged lies on the challenger. This
means that, if you intend to challenge a will on the basis of fraud, you will need to produce evidence to
support your claim.

5. Removal of executor/trustee
Where the appointed executor/trustee is not fulfilling his or her duties as required by law and in
accordance with the directions under the will, you may be able to apply to the court to revoke the grant
of probate or letters of adminstration in their favour, and have another appropriate person appointed in
their place.

RE: BIRD DECEASED [1970] E.A. 289, PLATT, J.

The testator left all his property to his "wife Margaret Bird." The Will also provided for the
devolution of the estate if the wife did not survive the testator. The testator divorced his wife.
Later she remarried and became known as Margaret Fox. The testator had made one
alternation in the Will due to the death of his mother but the clause bequething all his property
to "my wife Magaret Bird" was not altered. Margaret Fox applied for the probate of the Will and
for dispensation with verification (dispense with the legal requirement of verifying that she really
was Margaret). 

held: 
1. Divorce does not ipso facto revoke a Will.
2. As the applicant was the person referred to in the Will as Margret Bird she was entitled to the
testator's property.
Rule 54- 62 of the probate rules

Marking of wills
Every will in respect of which an application for a grant is made shall be marked by the
signatures of the petitioner and the witness to the will verifying the petition, or, where verification
by such witness has been dispensed with, the deponent of any affidavit filed under paragraph (4)
of rule 34:
Provided that where there is no space on the original will for signatures required by this rule or
where the original will is in such a condition that compliance with this rule might result in the
loss of the will, a photographic copy of the will may be marked in lieu of the original document.
Attempted revocation
Any appearance of attempted revocation of a will by burning, tearing or otherwise, and every
other circumstance leading to a presumption of revocation by the testator, shall be accounted
for to the court's satisfaction by affidavit or such other evidence as the court may direct.
Evidence as to due execution
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.
Where no witness available
Where an affidavit required under the preceding rule cannot be obtained or cannot be obtained
without undue delay or expense, the court may , upon an application by the petitioner made by
chamber summons supported by an affidavit, admit evidence, on affidavit or otherwise, to show
that the signature on the will is in the handwriting of the deceased, or of any other matter which
may raise a presumption in favour of the due execution of the will.
Blind or illiterate testator
Before admitting to proof a will which appears to have been signed by a blind or illiterate testator
or which, for any other reason, gives rise to doubt as to the testator having had knowledge of the
contents of the will at the time of its execution, the court may require the petitioner to produce
an affidavit from any person it may think fit for the purpose of satisfying itself that the testator
had such knowledge.
Interlineation
Where there appears in a will any obliteration, interlineation, or other alteration which is not
authenticated in the manner prescribed by the Indian Succession Act, 1865 as applied in
Tanzania, or by the re-execution of the will or by execution of a codicil, the court shall require the
petitioner to produce an affidavit from any person it may think fit to show whether such
obliteration, interlineation or alteration was present at the time the will was executed.
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:
Provided that this rule shall not apply to alterations which appear to the court to be of no
practical importance.
Where date of the will doubtful
Where there is doubt as to the date of a will the court may require the petitioner to produce an
affidavit from such person as it may think fit, for the purpose of establishing the date of the will.
Production of deed paper, referred to in will
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.
Unsigned or unattested will
In any case in which it is not necessary that a will should be signed by the testator or attested by
witnesses to constitute a valid testamentary disposition of the testator's property, the
testamentary disposition must be clearly proved by affidavit.
The procedure for lodging a caveat is governed by sections 58 and 59 of the Probate and
Administration of Estates Act, Chapter 352, Revised Edition of 2002 (hereinafter referred to as
“the Act”), together with rule 82 and 83 of the Probate and Administration of Estates Rules
(hereinafter referred to as “the Rules”).

The procedure are as follows:

After a petitioner filing an application for a grant of probate or a letter of administration, the court
will issue a general citation which is in Form No. 58 of the Rules to inform the public that an
applicant has made an application that will enable him to be granted a probate or letters of
administration (also see Rule 75 and 76 of the Rules).
The general citation is advertised at the court which issued it, as well as in a newspaper of daily
circulation in Tanzania. An interested party (in this instance, a caveator) upon seeing and/or
taking notice of the general citation and if he or she intends to object to the application, will be
required to lodge a caveat which is in Form No. 62 of the Rules. The caveat is to be filed within
fourteen days (14) from the date of the last publication of such citation.
 After a caveat is lodged, the petitioner is required to make an application for citation to a
caveator vide Form No. 63 of the Rule within thirty (30) days and in serving this application for
citation to a caveator it is to be accompanied with a copy of the petition that was filed by the
petitioner together with all other documents which were used to petition. If the petitioner fails to
make such application within the timeframe specified above, the Registrar of the court will issue
a notice to the petitioner under Form No. 63A of the Rules directing the petitioner to lodge the
application for citation to a caveator within a further period of twenty one (21) days from the
date of the service of such notice. If upon receiving the notice and after the lapse of the
additional twenty one (21) days (which is more or so a grace period) the petitioner fails to make
the application for citation to a caveator, then the petition filed by the petitioner shall be deemed
to have been withdrawn automatically, that is to say, the grant of probate or letters of
administration will not be issued unless the petitioner files an application for restoration.
If the petitioner makes the application for citation to a caveator within the required timeframe,
then upon such application to be received by the court, the Registrar will issue a citation to a
caveator (hereinafter referred to as “the Citation”) which is in Form No. 64 of the Rules. The
purpose of this is to call upon a caveator to state within a period of thirty (30) days from the date
of service of the Citation, whether or not he supports the grant of probate or a letter of
administration to the petitioner. If a caveator does not support the grant, he will have to enter
appearance by using Form No 65 of the Rules accompanied by an affidavit which will state the
rights and interests of a caveator together with the grounds of objection to the petitioner’s
application for the grant of probate or letters of administration. A copy of each of these
documents will then be served on the petitioner. In practice, sometimes an application by way of
chamber summons is used instead of Form No. 65.
Upon a caveator entering appearance in the modality described above, the proceeding will take
the form of a normal civil suit. That is to mean, for the purpose of determining a caveat, there will
not be a probate cause but it will be a civil case pending determination of the probate cause. If a
caveat is successful and is determined in favour of a caveator and upon the court being satisfied
that the property which is the subject matter of caveat is not subject to distribution, then such
property will be excluded from such distribution, however, if a caveator fails to prove his interest
in the property, then the caveat will be dismissed and the matter will be taken back as an
ordinary probate cause.
The procedures that are discussed hereinabove are mandatory and important procedures that
one must be conversant with in dealing with either grants of probate or letters of administration.
It is also important to be well versed in the laws governing such procedures including but not
limited to the Act and the Rules and also the appropriate court to file the matter.
Renunciation and revocation of grant of probate /letter of administration expressed or implied.

Renunciation of executor(s) or administrator(s) occurs where such executor or administrator has been
appointed by the deceased person and clan meeting respectively and for his or her own reasons doesn’t
want to go to court to petition so that the court can grant to him probate or letters of administration
official, then such executor or administrator can renounce his executorships and such alike.

Under the Probate and administration of estates Act there are two types of renunciation which are
express renunciation under section 18

and rule 26 renunciation is under section 19 and rule 27.

Express renunciation happens when an executor or administrator appear before the court and renounce
or surrender his or rights and title to the probate or letters of administration by showing cause that he
doesn’t want to discharge his functions and duties, and he does so by using Form no 9 founder under
the schedule of probate rules in support of an affidavit set out the reasons for such renunciation.

Constructive renunciation happens where there is a person claiming to have an interest in the estates of
the deceased person and has a feeling or knowledge that the executor or administrator who has been
appointed has failed to apply to the court to be granted probate or letters of administration then what a
such interested person do is to make an application by using the same form which is Form no 9 and
support of affidavit which is Form no 10 to the competent court so that it can be moved to summons
such executor or administrator to appear before the court and show cause as to why he should not be
removed as to such title, then the court will issue “A CITATION TO ACCEPT OR RENOUNCE
EXECUTORSHIPS” by using Form no 11. If such executor or administrator has been served a summons
and failed to appear then the court will renounce his executorships and that is constructive renunciation
but if he appear and show cause, which will turn to be an express renunciation.

In revocation of such grants

Once a probate or letters of administration have been granted, the only authority which has the power
to revoke such grant is the court with a competent jurisdiction in which it has the power to annul or
revoke such grants upon the application of any person who has an interest, and the court upon annul or
revoke such grants, will look upon the circumstances that are mention under Section 49 (1) of cap 352.

Accordance to rule 29,a person who has an interest may make an application to the court

by way of CHAMBER SUMMONS supported by AFFIDAVIT, in which in the chamber summons will set out
his prayers to request to the court to revoke such grant and in the affidavit will comprise of the all
grounds and reasons as to why such person request the grants to be revoked from a person who was
once entitled to such grant.

Upon hearing of the application by the court and being satisfied, the court will order for such revocation
which is Form no 15 set out in the first schedule of the probate rules, then the court will have to cause a
notice to a person who was once entitles to such grant, require him or her to surrender the probate or
letters of administration, such notice is Form no 16 set out in the first schedule of the probate rules.

Resealing

Resealing – This is when the deceased person owns assets requiring probate in more than one
jurisdiction, it is necessary for the executor to obtain a grant of probate in one area where the deceased
owned assets, and then have the same grant resealed in each other jurisdiction where the deceased
owned assets.

The Probate and Administration Act provides the way foreign order of grant of probate or letter of
administration can be enforced in Tanzania. Re-sealing is the power given to the High Court only and its
procedures are enforceable within commonwealth countries only. As provided under THE PROBATE AND
ADMINISTRATION OF ESTATES ACT CAP 352. Section 94. "probate" and "letters of administration"
include confirmation and any instrument having in any other part of the Commonwealth the same effect
which under this Act is given to probate and letters of administration respectively.
As provided under THE PROBATE AND ADMINISTRATION OF ESTATES ACT CAP 352. Section 95. Sealing of
probates and letters of administration granted outside Tanzania Where a court of probate in any part of
the Commonwealth, has, either before or after the passing of this Act, granted probate or letters of
administration in respect of the estate of a deceased person, the probate or letters so granted may, on
being produced to, and a copy thereof deposited with the High Court, be sealed with the seal of that
court, and thereupon shall be of the like force and effect, and have the same operation in Tanzania as if
granted by that court.

As provided under THE PROBATE AND ADMINISTRATION OF ESTATES ACT CAP 352. Section 96.
Conditions to be fulfilled before sealing The High Court shall, before sealing a probate or letters of
administration under this Part, be satisfied in the case of letters of administration, that security has been
given in a sum sufficient in amount to cover the property, if any, in Tanzania to which the letters of
administration relate, and may, in any case, require such evidence as it thinks fit, as to the domicile of
the deceased person.

Required documents;1. FORM 1[HEADING OF DOCUMENTS FILED UNDER THE RULES] (Rule 5) 2.
Chamber summons & Affidavit 3. Accompanied by documents you are granted for probates or letters of
administration from foreign country (Commonwealth).

Interested person when sees the Notice of the Court to appeared before the Court may lodge Caveat to
object. And if you are granted a probate or letter of administration form outside commonwealth
countries, your grant isn't recognized in Tanzania, thus it needs that person to start afresh applications
as if nothing has happen.

References

Books

Law of succession by W.M musyoka

Articles

Law of succession notes by E.kitime

Statutes

Cap 352

Cap 212

Cap 310

Indian succession act (1865)

And probates rules (section.9)