Coping with loss in Tanzania

@Cheryl

Hello,

I am Godfrey Mollel from Tanzania, a lawyer by profession. I will try to answer your questions much as i can (please this is not legal opinion).

1. Steps to retreave belongings of deceased loved one in Tanzania?

As it is in other parts of the world, estate planning is also very important in Tanzania, this helps to protect estates of the deceased after his/her demise, this can be done by using a will, trust and other tools.

Hower, even the death happens without any estate planning, still an interested person may petition before the court for letter of administration so that he/she is appointed as an administrator. Once appointed by the court, an administrator will have powers to identify, collect and distribute to the beneficiaries the estates of the deceased.

It is important to cooperate with people who know well the estates of the deceased person so that he can help in the identification.

2. Specialized institutions that can help and their services

Specialized institutions most depend on the nature of how the death happened. But generally below are some of the institutions

a) The Court, assist in appointment of administrator or executor. It also regulates powers of administratorship/executorship so that they cannot be misused.

b) Registration Insolvency and Trusteeship Agency (RITA), this assist in registering a Will so that it can be accessed in future

c) Lawyers/Law firms, provide guidance in drafting wills,, estate planning generally and filing applicatiions/petitions before the court.

3. Respect and recognition of Wills

Wills are also recognized under Tanzanian laws. However the same are subject to scrutiny by the court to test its validity. If the same is valid (no vitiating factors) the same will be recognized and respected.

4. Challenges facing wills  caused by differences in legislations.

Generally, challenges may occur in case the deceased did not indicated the  applicable law. However, the court still will look the cercumstances so that it can decide the law applicable.

Also, under Islamic law, normally rules of intestate are used since legal hairs and their share are specified in Sharia law (Islamic law).

Please reach me in case you have further questions.