in the matter of the estate of the late jovin alyoce lyimo and in the matter of application for probate with will annexed catherine jovin lyimo and in the matter of ca

in the matter of the estate of the late jovin alyoce lyimo and in the matter of application for probate with will annexed catherine jovin lyimo and in the matter of ca

The Will is invalid as it was not properly witnessed in accordance with statutory requirements; attesting advocates did not testify; custody and execution of the Will were irregular; no proof of forgery but procedural and substantive defects render the Will unenforceable. The petition is struck out and a new petition may be filed for intestate administration.

Citation
in the matter of the estate of the late jovin alyoce lyimo and in the matter of application for probate with will annexed catherine jovin lyimo and in the matter of ca
Parties
Petitioner: Catherine Jovin Lyimo; Caveator: Lilian Jovin Lyimo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Probate and Administration Cause / Judgment
Outcome
Petition struck out; Will declared invalid; no order as to costs.
Legal Topics
Validity of Will, Execution of Will, Appointment of Executor, Estate Distribution
Source Language
English
Probate Succession Law Validity of Will Execution of Will Appointment of Executor Estate Distribution

Case Brief

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Parties

Catherine Jovin Lyimo

Petitioner

Lilian Jovin Lyimo

Caveator

Procedural Posture

Probate and Administration Cause / Judgment

Legal Issues

  1. 1 Whether there is a valid Will left by the deceased
  2. 2 Whether the Will contains properties not subject of the deceased estate
  3. 3 Whether the petitioner is to be trusted for appointment to execute the Will

Ratio Decidendi

The Will is invalid as it was not properly witnessed in accordance with statutory requirements; attesting advocates did not testify; custody and execution of the Will were irregular; no proof of forgery but procedural and substantive defects render the Will unenforceable. The petition is struck out and a new petition may be filed for intestate administration.

Court Disposition

Petition struck out; Will declared invalid; no order as to costs.

Orders

  • The Will is declared invalid and incapable of taking effect.
  • The petition is struck out.