20111212 TZHC Dar es Salaam

The will failed to provide the wife with her full one eighth share as mandated by Islamic law; the executor must evaluate the estate and allocate one eighth to the wife.

Citation: 20111212 TZHC Dar es Salaam
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
Outcome: Objection upheld in part; directions issued to executor
Legal Topics: Probate, Testate Succession, Islamic Inheritance, Executor's Duties
Source Language: English

Succession Law Islamic Law Probate Testate Succession Islamic Inheritance Executor's Duties

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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

Legal Issues

1 Whether the will of the deceased sufficiently provided for the wife in accordance with Islamic law
2 Whether the executor should be directed to allocate one eighth of the estate to the wife

Ratio Decidendi

The will failed to provide the wife with her full one eighth share as mandated 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 or allocate property equivalent to one eighth share.