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Tanzania decisions
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The petitioner, being the lawful wife of the deceased, with the consent of all beneficiaries and no objections filed, has satisfied all legal and procedural requirements for appointment as administratrix of the estate. The court is satisfied that she is a fit and proper person to be granted letters of administration.
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The High Court of Tanzania removed the administratrix of an estate after she admitted inability to continue, and ordered the applicant to take steps toward appointment.
Petitioner, as wife of the deceased, with consent of all adult beneficiaries and compliance with citation and procedural requirements, is fit and interested to be appointed administratrix; no caveat or objection filed; court grants letters of administration.
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The respondents failed to file the required inventory and statement of accounts within the statutory and extended periods, and failed to seek further extension. Their lack of cooperation and communication rendered the grant inoperative. These failures justify revocation of their appointment as administrators under Section 49(1)(d) and (e) of the Probate and Administration of Estates Act.
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The petitioner, having been nominated by the family and no objections having been raised after proper citation, meets the legal requirements for grant of letters of administration.
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The applicant failed to provide sufficient evidence to establish that he and others were children of the deceased or that omitted properties belonged to the deceased. There was no procedural or substantive defect, fraud, or failure to account proven to the standard required by section 49(1) of the Probate and Administration Act. The application for revocation and annulment of the grant is without merit.
Source excerpt
The High Court revoked a grant of letters of administration for failure to file inventory and accounts and because the administratrix was in prison.
The High Court dismissed an application to revoke letters of administration, finding no proved breach of duty and treating the inventory delay as non-fatal.
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