20111212 TZHC Dar es Salaam1

20111212 TZHC Dar es Salaam1

The will did not adequately provide the wife with her one eighth share as required by Islamic law; the executor must evaluate the estate and allocate one eighth to the wife.

Citation
20111212 TZHC Dar es Salaam1
Parties
Applicant/executor: Selemani Sultani Mwago; Objector/wife of Deceased: Makata Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 December 2011
Procedural Posture
Probate and Administration Cause / Ruling on Objection to Grant of Probate and Directions to Executor
Outcome
Objection upheld in part; directions issued to executor.
Legal Topics
Distribution of Estate, Executor's Duties, Islamic Inheritance Rights, Validity of Will
Source Language
English
Succession Law Probate Islamic Law Distribution of Estate Executor's Duties Islamic Inheritance Rights Validity of Will

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Parties

Selemani Sultani Mwago

Applicant/executor

Makata Ramadhani

Objector/wife of Deceased

Procedural Posture

Probate and Administration Cause / Ruling on Objection to Grant of Probate and Directions to Executor

Legal Issues

  1. 1 Whether the will validly provided for the deceased's wife under Islamic law
  2. 2 Whether the executor must allocate one eighth of the estate to the wife as per Islamic law

Ratio Decidendi

The will did not adequately provide the wife with her one eighth share as required by Islamic law; the executor must evaluate the estate and allocate one eighth to the wife.

Court Disposition

Objection upheld in part; directions issued to executor.

Orders

  • Executor to evaluate the entire estate and pay the wife one eighth of its value.
  • Executor may allocate a landed property equivalent to one eighth share to the wife.