D. Production of Documents and Examination by Court (rules 77-81)    (b)   such person or persons, being beneficiaries under the will, as would have been entitled to the whole or part of the testator's estate had the testator died intestate.    (1) An application by a receiver under section 11 of the Act for an order of sale of any property shall be by chamber summons supported by an affidavit setting out the reasons for making such application. of this Part and the rules made under this Act, the Public Trustee may, if he thinks fit– (a) act as an ordinary trustee; (b) be appointed trustee by a court of competent jurisdiction. 7. G.N.    (a)   subject to the provisions of rule 63, a certificate of the death of the deceased; Production of deed paper, referred to in will THE PROBATE RULES (2) Where the court is satisfied that reasons exist for the belief that the person named in the application has knowledge of the alleged testamentary paper or writing or oral will it shall direct the Registrar to issue a summons in the form prescribed in Form 60 set out in the First Schedule requiring such person to appear before it on the day named in the summons to answer such questions as may be put to him by the court. Resource Language: English. Job Opportunities ; MULTIMEDIA.    (1) An application for letters of administration limited to trust property under section 41 of the Act shall be made by petition in the form prescribed in Form 42 set out in the First Schedule, stating– HC-Probate & Administration Forms; COURT BROKERS AND FEES. (2) An application under this rule shall be made before the expiry of the period within which the executor or the administrator is required by the court to file the inventory or account. (a)   the date and place of the deceased's death; (b)   whether the deceased died testate or intestate and, if testate, the names and addresses of the executors named in the will or, if intestate, the name and addresses of the relatives; (c)   whether a grant of probate of the will or letters of administration of the estate of the deceased has been made to or applied for by any person and if so, the particulars of the grant or application and the name and address of the grantee or applicant; (d)   description and value of the trust property; (e)   description of the trusts to which the property is subject; and. (5) An application under this rule shall be filed together with the petition and all other documents required to be lodged therewith: Provided that, where the court refuses to make an order dispensing with verification of the petition by an attesting witness, the petition and the will shall be returned to the petitioner for verification by such witness to be endorsed therein. (3) The petition shall be heard and determined in chambers on a date and at a time appointed by the Registrar. 9. 1473 26 (1) An application for rectification of a grant under section 48 of the Act may be made by chamber summons supported by an affidavit setting out the grounds for such application. 0000008868 00000 n Every will in respect of which an application for a grant is made shall be marked by the signatures of the petitioner and the witness to the will verifying the petition, or, where verification by such witness has been dispensed with, the deponent of any affidavit filed under paragraph (4) of rule 34: Provided that where there is no space on the original will for signatures required by this rule or where the original will is in such a condition that compliance with this rule might result in the loss of the will, a photographic copy of the will may be marked in lieu of the original document. (2) An application under this rule shall be made before the expiry of the period within which the executor or the administrator is required by the court to file the inventory or account. (3) No surety shall be required on a petition for a grant of letters of administration by a trust corporation (other than the Public Trustee) except where the court otherwise directs. (4) An appearance shall be in the form prescribed in Form 12 set out in the First Schedule and a copy thereof shall be served on the persons who applied for the citation. Probate. 0000005514 00000 n When such forms are applicable any costs occasioned by the use of more prolix forms shall be borne by or disallowed to the party using the same, unless the court shall otherwise direct.    (a)   in any manner authorised by law for the investment of trust funds; or The Probate and Administration of Estates Act, Cap 352 defines an Administrator or administratrix in case it is a female, to be a person appointed by the court to administer the estate of a deceased person when there is no executor or no executor is able and willing to act, but the same law defines an Executor to be a person to whom the execution of the last will of a deceased person is, by the testator’s (a person who prepares and signs a Will) appointment…    Appeals under section 83 of the Act shall be in accordance as nearly as may be with the provisions of the Civil Procedure Code function a4(msg) { myWindow=window.open('','','width=127,height=55,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}* and rules of court governing appeals and subject to the same fees, so far as the same shall be applicable. Share to Twitter Share to Facebook Share to Pinterest. 1. 18. Application for extension of time to file inventory or account. Please click here to subscribe to a subscription plan to view this part of the article. 35. Grant for collection preservation of property.    (a)   the serial number of the proceedings; ISBN / Resource ID: LandWise:record[2567]:item[2605] This is a resource from the Resource Equity LandWise database of resources. 65. A petition for letters of administration with the will annexed shall be accompanied by the will and the documents referred in rule 39.    Any appearance of attempted revocation of a will by burning, tearing or otherwise, and every other circumstance leading to a presumption of revocation by the testator, shall be accounted for to the court's satisfaction by affidavit or such other evidence as the court may direct. (1) An application under section 60(2) of the Act for examination of any person alleged to have any knowledge of any testamentary paper or writing or of an oral will shall be by chamber summons supported by an affidavit setting out the reasons for such application. (1) The death certificate shall specify the date, the place and the cause of the death of the deceased and shall be signed by a person having authority to sign the same.    (d)   the gross value of the estate; Where a District Delegate or a magistrate exercises jurisdiction under the Act then, subject to the limitations imposed by the Act and these Rules, all acts and things directed or allowed to be produced to, lodged or filed with, and all communications directed or allowed to be addressed to or signed and sealed by the court or a Judge or the Registrar under these Rules shall be done by, produced to, lodged or filed with, signed or sealed by and addressed to such District Delegate or magistrate. Court Brokers, 2017; Court fees; VACANCIES. Codicil propounded after grant of letters of administration with will annexed Proceedings (rules 5-8) Haki Bulletin Newsletter; Speech; Public Notice; Publications; Essential Reading; Audio; Video; Radio & TV Programs; Downloads; Photo gallery; CONTACT US. Applying for probate gives you the legal right to deal with someone’s property, money and possessions (their estate) when they die. A person summoned under rule 77 or 78 shall be liable for the same penalties for default as are prescribed in the Civil Procedure Code function a3(msg) { myWindow=window.open('','','width=125,height=56,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}* in relation to witnesses summoned to give evidence or produce documents.    All proceedings in court shall be written or printed, or partly written and partly printed, on paper of foolscap size; but no objection shall be allowed to any document on account of its being written or printed on paper of other size. (2) Search shall be granted only between the hours 8.30 a.m. to 11.30 a.m. on weekdays. (a)   subject to the provisions of rule 63, a certificate of the death of the deceased; (c)   the proposed administrator's oath in the form prescribed in Form 40 set out in the First Schedule; and.    (a)   where any person takes out letters of administration in default of the appearance of a person cited to accept or refuse a grant who has not been personally served with the citation; or PART XIMISCELLANEOUS PROVISIONS (rules 114-118A), 114. "Act" means the Probate and Administration of Estates Act function a1(msg) { myWindow=window.open('','','width=170,height=74,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}*; "certified copy" means a copy examined against the original, marked as certified by the Registrar, Deputy Registrar, District Registrar or District Delegate and sealed with the seal of the Court; "Minister" means the Minister responsible for legal matters; "petitioner" means the person applying for grant of probate or letters of administration; "prescribed fees" means the fees prescribed in the Second Schedule to these Rules; "Registrar" means the Registrar of the High Court and includes a Deputy Registrar and a District Registrar; "sealed" means sealed with the seal of the Court. Where the deceased made an oral will or where the written will has been lost or destroyed and no draft or copy thereof is available then, unless oral evidence in support of the petition is to be given, the petition shall be accompanied by an affidavit of a person having personal knowledge of the terms of the will setting out such terms, the circumstances under which he became aware of the same and such other facts which may raise a presumption in favour of the validity of the alleged will. (1) An application for an order dispensing with a bond or sureties or both or for an order accepting one surety instead of two shall be made by chamber summons supported by an affidavit giving reasons why the order applied for should be made. Blackhall Publishing. 2. Where an executor renounces his right to probate in writing such renunciation shall be in the form prescribed in Form 9 of the First Schedule. (3) Every will delivered or sent to the Registrar under this rule shall be in a sealed envelope. (2) The memorandum by the Registrar shall be prima facie evidence that the advertisement was duly inserted in the issue of the Gazette mentioned in it.    Where there is doubt as to the date of a will the court may require the petitioner to produce an affidavit from such person as it may think fit, for the purpose of establishing the date of the will. Delay in application    (b)   proving the existence of the will after the death of the testator or, where the will has been destroyed, the circumstances of such destruction or where the original is in possession of a person outside Tanzania, that such person has refused or neglected to deliver it up. The probate or letters of administration, when sealed by the High Court, shall be returned to the person who produced the same: Provided that all court fees, costs and charges incidental thereto have first been paid. Evidence as to due execution The time for completion is usually set at 90 days if a mortgage is involved and 60 days if the transfer is a by way of …    An application for sealing of a probate or letters of administration shall be by chamber summons supported by an affidavit and accompanied by the probate or letters of administration and a copy thereof.    (1) Wills of living persons may be deposited in the Registry of the High Court at Dar-es-Salaam. (b)   proving the existence of the will after the death of the testator or, where the will has been destroyed, the circumstances of such destruction or where the original is in possession of a person outside Tanzania, that such person has refused or neglected to deliver it up. Where under section 61 of the Act the court requires to examine the petitioner in person on oath the Registrar shall appoint a date and time for such examination and shall serve a notice of the same in the form prescribed in Form 61 set out in the First Schedule on the Petitioner. Every court having power under the Act to issue grant of probate or letters of administration either general, special or limited, or to appoint an administrator, shall keep a register in which shall be entered–. (4) Consent shall be in the form prescribed in Form 56 set out in the First Schedule and shall be signed by the person or persons giving the same and attested by any person before whom an affidavit may be sworn. B. An application under section 88 of the Act shall be by chamber summons supported by an affidavit setting out grounds for such application and showing whether any proceedings in respect of the estate have been filed or are pending in any court. Affidavit as to the deceased's domicile Every grant of probate or letters of administration with the will annexed shall be in the appropriate form prescribed in Form 66, 67, 68, 69, 70, 71, 72, 73, 74 or 75 set out in the First Schedule and shall be signed by the Registrar and sealed. An account of the estate required to be exhibited by an executor or an administrator under section 107 of the Act shall be in Form 81 set out in the First Schedule and shall contain a statement showing in what proportion and to whom the residue is proposed to be paid. Chamber Applications (rules 14-19) 93. 63. 74. 34. (2) After considering the evidence produced under paragraph (1) of this rule the court shall give directions as to the form in which the will is to be proved: Provided that this rule shall not apply to alterations which appear to the court to be of no practical importance. Every will delivered or sent to the Registrar chapter 352PROBATE and administration of ESTATES Act, 2011 Wills living! 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