OCR TANZLII Barthy J

OCR TANZLII Barthy J

The grant of probate was obtained in violation of section 49(1)(c) of the Probate and Administration of Estates Act because the will excluded certain children of the deceased without justification, constituting discrimination and invalidating the will. The omission of primary heirs is sufficient ground for...

Source-derived case information.

Citation
OCR TANZLII Barthy J
Parties
Applicant: Miriam John Mallya; Applicant: Brighton John Mallya; Applicant: Charles Kasumbai Mallya; Applicant: Grace John Mallya; Respondent: Marian John Mallya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 December 2024
Procedural Posture
Miscellaneous Application (probate) / Ruling on Application for Revocation of Probate
Outcome
Application granted. Grant of probate revoked.
Legal Topics
Revocation of Probate, Validity of Will, Inheritance Rights of Children, Discriminatory Wills
Source Language
english
Probate Succession Law Revocation of Probate Validity of Will Inheritance Rights of Children Discriminatory Wills

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Parties

Miriam John Mallya

Applicant

Brighton John Mallya

Applicant

Charles Kasumbai Mallya

Applicant

Grace John Mallya

Applicant

Marian John Mallya

Respondent

Procedural Posture

Miscellaneous Application (probate) / Ruling on Application for Revocation of Probate

Legal Issues

  1. 1 Whether the grant of probate to Marian John Mallya should be revoked due to exclusion of certain children from the will without justification
  2. 2 Whether the will is invalid for being discriminatory against some heirs

Ratio Decidendi

The grant of probate was obtained in violation of section 49(1)(c) of the Probate and Administration of Estates Act because the will excluded certain children of the deceased without justification, constituting discrimination and invalidating the will. The omission of primary heirs is sufficient ground for revocation of the grant.

Court Disposition

Application granted. Grant of probate revoked.

Orders

  • The will of the deceased, John Kacheli Mallya, is invalidated for being discriminatory.
  • The grant of probate issued to Marian John Mallya is annulled.