Probate Cause No

Probate Cause No

Properties acquired by the deceased, regardless of whether acquired before or after the second administratrix's marriage, and not registered in the name of the first wife, form part of the deceased's estate and are subject to distribution among all heirs. Properties registered solely in the second administratrix's name before the deceased's death do not form part of the estate. Administratrices must file a proper inventory and account for all estate assets and income as per statutory duties.

Citation
Probate Cause No
Parties
Applicant/first Administratrix: Patricia Felix Chuwa; Applicant/second Administratrix: Ansila Maideli Kavishe; Applicant/third Administratrix: Ruth Felix Chuwa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Probate and Administration Cause / Ruling on Complaints Regarding Inventory and Distribution of Estate Assets
Outcome
Partly allowed; directions issued for proper inventory and distribution.
Legal Topics
Letters of Administration, Inventory and Account of Estate, Distribution of Estate Assets, Beneficiary Rights, Administrator Duties
Source Language
English
Probate Succession Estate Administration Letters of Administration Inventory and Account of Estate Distribution of Estate Assets Beneficiary Rights Administrator Duties

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Parties

Patricia Felix Chuwa

Applicant/first Administratrix

Ansila Maideli Kavishe

Applicant/second Administratrix

Ruth Felix Chuwa

Applicant/third Administratrix

Procedural Posture

Probate and Administration Cause / Ruling on Complaints Regarding Inventory and Distribution of Estate Assets

Legal Issues

  1. 1 Whether properties acquired before the second administratrix's marriage to the deceased should be included in the estate for distribution
  2. 2 Whether the second administratrix properly accounted for all assets and income of the deceased's estate
  3. 3 Whether certain properties registered in the second administratrix's name form part of the deceased's estate

Ratio Decidendi

Properties acquired by the deceased, regardless of whether acquired before or after the second administratrix's marriage, and not registered in the name of the first wife, form part of the deceased's estate and are subject to distribution among all heirs. Properties registered solely in the second administratrix's name before the deceased's death do not form part of the estate. Administratrices must file a proper inventory and account for all estate assets and income as per statutory duties.

Court Disposition

Partly allowed; directions issued for proper inventory and distribution.

Orders

  • Properties acquired by the deceased and not registered in the name of the first wife are to be included in the estate and distributed among all heirs.
  • Properties registered solely in the second administratrix's name before the deceased's death (plots 22 and 24 at Mapinga Bagamoyo) are excluded from the estate.