PROBATE NO

PROBATE NO

The refusal of one administrator to sign the amended inventory and accounts does not invalidate them where the majority have signed and followed due process, especially in contentious circumstances. The disputed properties were not proven to be company-owned and are deemed part of the deceased's estate. The distribution of company shares among heirs is fair and reflects the deceased's intentions. The objections are without merit and are dismissed.

Citation
PROBATE NO
Parties
Administratrix/objector: Kellen Rose Rwakatare Kuntu; Administrator/respondent: Humphrey Kaulila Kenneth Rwakatare; Administrator/respondent: Tibe Kenneth Rwakatare; Administrator/respondent: Mutta Robert Rwakatare (represented by Tibe Kenneth Rwakatare as lawful attorney)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Probate and Administration Cause / Ruling on Objection to Amended Inventory and Accounts
Outcome
Objection dismissed
Legal Topics
Validity of Inventory and Accounts, Distribution of Estate Assets, Majority Action by Administrators, Company Property Vs. Estate Property, Fiduciary Duties of Administrators
Source Language
English
Probate Succession Estate Administration Validity of Inventory and Accounts Distribution of Estate Assets Majority Action by Administrators Company Property Vs. Estate Property Fiduciary Duties of Administrators

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Parties

Kellen Rose Rwakatare Kuntu

Administratrix/objector

Humphrey Kaulila Kenneth Rwakatare

Administrator/respondent

Tibe Kenneth Rwakatare

Administrator/respondent

Mutta Robert Rwakatare (represented by Tibe Kenneth Rwakatare as lawful attorney)

Administrator/respondent

Procedural Posture

Probate and Administration Cause / Ruling on Objection to Amended Inventory and Accounts

Legal Issues

  1. 1 Whether the allocation of specific plots in the amended inventory is appropriate
  2. 2 Whether inclusion of company-owned properties in the estate distribution prejudices the majority shareholder heir
  3. 3 Whether all administrators must sign the amended inventory and accounts

Ratio Decidendi

The refusal of one administrator to sign the amended inventory and accounts does not invalidate them where the majority have signed and followed due process, especially in contentious circumstances. The disputed properties were not proven to be company-owned and are deemed part of the deceased's estate. The distribution of company shares among heirs is fair and reflects the deceased's intentions. The objections are without merit and are dismissed.

Court Disposition

Objection dismissed

Orders

  • Amended inventory and accounts filed by the majority administrators are accepted as valid.
  • Distribution of the estate to proceed in accordance with the amended accounts as filed.