19960805 TZHC Dar es Salaam

19960805 TZHC Dar es Salaam

The will is inoperative because it purports to dispose of the entire estate to the applicant, contrary to Islamic Law which limits testamentary disposition to one third of the estate and requires consent of all heirs for a bequest to an heir. The applicant's claim to the house and other property is rejected as these are included in the will as part of the estate, and the evidence does not support his ownership claim.

Citation
19960805 TZHC Dar es Salaam
Parties
Applicant: Inw. Willy Wilshere Mohamed; Advocate for Respondent: Miss Sheikh
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 August 1996
Procedural Posture
Probate/administration of Estate / Ruling on Caveat/objection to Appointment of Administrator
Outcome
Objection overruled; application dismissed with costs.
Legal Topics
Validity of Will, Limitation on Testamentary Disposition Under Islamic Law, Consent of Heirs, Estate Administration
Source Language
English
Succession Law Islamic Law Validity of Will Limitation on Testamentary Disposition Under Islamic Law Consent of Heirs Estate Administration

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Parties

Inw. Willy Wilshere Mohamed

Applicant

Miss Sheikh

Advocate for Respondent

Procedural Posture

Probate/administration of Estate / Ruling on Caveat/objection to Appointment of Administrator

Legal Issues

  1. 1 Whether the will executed by the deceased is valid and operative under Islamic Law
  2. 2 Whether the applicant is entitled to the entire estate as sole heir under the will
  3. 3 Whether the property in dispute forms part of the deceased's estate

Ratio Decidendi

The will is inoperative because it purports to dispose of the entire estate to the applicant, contrary to Islamic Law which limits testamentary disposition to one third of the estate and requires consent of all heirs for a bequest to an heir. The applicant's claim to the house and other property is rejected as these are included in the will as part of the estate, and the evidence does not support his ownership claim.

Court Disposition

Objection overruled; application dismissed with costs.

Orders

  • Respondent's appointment as administrator of the estate is upheld.
  • Applicant's claim based on the will is rejected.