2. (6) Where the Registrar receives a will under this rule he shall deliver to the testator or his agent or send to the testator by registered post a certificate of the deposit in the Form 86 set out in the First Schedule. All proceedings under Part X of the Act shall be commenced in the High Court at Dar-es-Salaam and all necessary papers shall be lodged with the Registrar. (7) Sealed packets containing wills received under this rule shall be numbered consecutively and a register of such packets shall be maintained. 92. 69. (2) Notice of an application made under paragraph (1) and a copy of the affidavit filed in support thereof shall be served on the person or persons to whom the grant was made. (1) A caveat shall be in the form prescribed in Form 62 set out in the First Schedule and shall be attested by a person before whom an affidavit may be sworn. 35. 112. 4. Order Notices, Process and Orders (rules 9-12) (2) A petition for a grant by a trust corporation shall be in the form prescribed in Form 28 set out in the First Schedule and shall contain an averment that the corporation is a trust corporation within the meaning of the Act. 2. (2) Where the deceased died outside Tanzania a death certificate from a competent authority at the place where he died shall be filed.    (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; 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. Where under section 61 of the Act the Court requires further evidence of any of the matters stated therein it shall direct whether such evidence is to be furnished by affidavit or otherwise. 17. Documents Accompanying Application (rules 54-72) (1) An application under section 60(1) of the Act for an order directing any person to produce any testamentary writing or paper shall be by chamber summons supported by an affidavit setting out the reasons for such application. (2) The provisions of the rules relating to consent of the heirs shall apply to consent of executors under this rule.    (h)   the reasons for making the application; and (1) An application under section 68 of the Act for an order to assign an administration bond shall be by way of petition in the form prescribed in Form 51 set out in the First Schedule, signed by the applicant and his advocate, if any, and verified by the applicant. 0000000016 00000 n (3) The court issuing the citation shall fix the period within which the persons cited may enter an appearance. (1) Where an executor or administrator fails to exhibit an inventory or account within the period specified in section 107 or within the time last appointed by the court, the court shall make an order requiring him to exhibit such inventory or account within such further period as it may think fit and the Registrar shall cause a notice in the form prescribed in Form 83 set out in the First Schedule to be served upon the executor or administrator notifying him of the order of the court and the consequences of non-compliance therewith. RULES GOVERNING PROBATE AND ADMINISTRATION MATTERS, 1964 Notification No. 62. Registrar".    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.    "petitioner" means the person applying for grant of probate or letters of administration; ISBN / Resource ID: LandWise:record[2567]:item[2605] This is a resource from the Resource Equity LandWise database of resources.    An application to the court for directions to an executor or administrator in regard to the estate or in regard to the administration thereof shall be by chamber summons supported by an affidavit giving full particulars of the directions sought and reasons for the same. PROBATE APPEAL NO. (1) A petition for grant of probate shall be in the appropriate form prescribed in Forms 18, 20, 21 and 22 set out in the First Schedule and shall be accompanied by the following documents–. Grant in additional name    (c)   an administrator's oath; Payment into court on account of minor 64. Eliud Kitime, Law of Succession and Trust in Tanzania 2017letters of administration to the estates of deceased persons and to alter orrevoke such grants.330The High Court shall have jurisdiction to re-seal grants of probate and letters ofadministration made by a court of probate in any part of the Commonwealth.331An application for sealing of a probate or letters of administration shall be … (2A) Where a petitioner fails to make an application under section 59(2) of the Act within thirty days after the petition or the caveat has been lodged, whatever is the later, the Registrar shall cause a notice in the form prescribed in Form 63A set out in the First Schedule to be served upon the petitioner requiring him to lodge such application within a further period of twenty-one days from the date of the service of the notice. (2) An order for rectification shall be in the form prescribed in Form 14 set out in the First Schedule. 0000005287 00000 n (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; 93.    (1) An application for extension of time to exhibit an inventory or account shall be made by chamber summons supported by an affidavit stating the reasons for such application. 67. 0000004816 00000 n The Probate form (form no. Every affidavit to be used in supporting or opposing any application shall, unless the Judge otherwise directs, be filed with the Registrar not later than the day before the day appointed for hearing. Where an application for grant of letters of administration is required to be made by chamber summons then at the hearing of such application the court may, if it thinks necessary in the interest of the estate, make an order for publication of a general citation prior to the grant being made. Probate Rules The Chief Justice may make Probate Rules for regulating proceedings for the grant of probate and letters of administration or the appointment of an administrator, for such purposes as, in this Act it is provided that Probate Rules may be made, for the preservation, and copying and inspection of wills, grants of probate and administration of estates and appointments of administrators, for fees …    (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 Rectification of grant 82. (4) A notice of the hearing date in the form prescribed in Form 52 set out in the First Schedule shall be served on the petitioner and each of the persons upon whom a copy of the petition is required to be served. Examination of the petitioner General    (d)   an administration bond in the form prescribed in Form 44 set out in the First Schedule; The nature and extent of the advocates´ participation depends on the wishes of the parties involved. Will of living persons deposited with High Court (2) The petition for grant shall give all the facts and describe all the circumstances which may raise a presumption that the testator was a person entitled in law to make an oral will. PART VIIIESTATE ADMINISTERED IN ACCORDANCE WITH CUSTOMARY LAW AND CUSTOM (rule 96).    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.    A petition for grant under any of the rules 42 to 48 (inclusive) shall, subject to the provisions of any such rule and any exception made by these Rules, be in the same form and be accompanied by the same documents as are required in the case of a petition for a general grant: 22. Records and Registers (rules 20-21)    (a)   the court which granted the probate or letters of administration; (2F) A copy of an application for the restoration of a petition and a copy of the affidavit lodged in support thereof shall be served upon the caveator. (2) Search shall be granted only between the hours 8.30 a.m. to 11.30 a.m. on weekdays. Office copies Please click here to subscribe to a subscription plan to view this part of the article. Documents Accompanying Application (rules 54-72). PART VIIADMINISTRATION OF SMALL ESTATES (rules 85-95). F. Grants (rule 84) (2) Notice of an application made under paragraph (1) and a copy of the affidavit filed in support thereof shall be served on the person or persons to whom the grant was made. 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. 8. Application for Grant (rules 30-53) �ȇبÌI-\�!BQQf�K�P�c��ݛ��������|��sι �� �|���� ��1�֊ ��B�Q� �M7�O�    (a)   in any manner authorised by law for the investment of trust funds; or startxref Where a creditor of the deceased applies for a grant of letters of administration under section 33(3) of the Act the petition shall state the amount of the debt and how the same arose. (2) An application under section 59(2) of the Act for a citation to a caveator shall be in writing in the form prescribed in Form 63 set out in the First Schedule. 58. INDIAN PROBATE AND ADMINISTRATION ACT, 1881 India. (b)   subject to the provisions of rule 71, consents in writing to the application for grant from the persons who, if the testator had died intestate, would have been entitled to a share in the estate. Copies and Search (rules 22-23) (3) The provisions of these Rules relating to the consent of heirs shall apply to the consent of the beneficiaries required under this rule.    (1) Where there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by the Indian Succession Act, 1865 as applied in Tanzania, or by the re-execution of the will or by execution of a codicil, the court shall require the petitioner to produce an affidavit from any person it may think fit to show whether such obliteration, interlineation or alteration was present at the time the will was executed. 26. Where an application for letters of administration with or without the will annexed is made by an individual alone such individual shall file together with his petition, in addition to the other documents required to be filed under these Rules, an affidavit in the form prescribed in Form 17 set out in the First Schedule showing that there is no minority or life interest arising under the will or on the intestacy. Access original publishing page. HC-Probate & Administration Forms; COURT BROKERS AND FEES. Other Document 24. (2) Where a codicil is propounded after grant of probate and such codicil revokes or alters the appointment of the executors who proved the will, any person named as an executor in the codicil, or, if there be no such person and the codicil has revoked the appointment of the executors under the original will, any person entitled to letters of administration with the will annexed, may apply for grant of probate of the original will and the codicil or letters of administration with the will and the codicil annexed, as the case may be. (2) A copy produced under paragraph (1) of this rule shall reproduce the punctuation, spacing and division into paragraphs of the original document.    (b)   the last will and testament of the deceased except where such will and testament is already in possession of the court;    (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. 0000009906 00000 n Please click here to subscribe to a subscription plan to view this part of the article.    Where an affidavit required under the preceding rule cannot be obtained or cannot be obtained without undue delay or expense, the court may , upon an application by the petitioner made by chamber summons supported by an affidavit, admit evidence, on affidavit or otherwise, to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of the due execution of the will. xref PART IVRENUNCIATION BY EXECUTORS (rules 26-27)    (c)   the proposed administrator's oath in the form prescribed in Form 40 set out in the First Schedule; and Original to be returned to applicant (3) The court issuing the citation shall fix the period within which the persons cited may enter an appearance. (3) Upon receipt of an application under paragraph (2) the Registrar shall issue a citation in the form prescribed in Form 64 set out in the First Schedule to the caveator calling upon him to state, within a period of thirty days from the date of the service of the citation upon him, whether he supports the grant of probate or letters of administration to the petitioner, and, if he does not, requiring him to enter an appearance.    (1) A petition for grant of probate shall be in the appropriate form prescribed in Forms 18, 20, 21 and 22 set out in the First Schedule and shall be accompanied by the following documents– Petition for probate (3) The notice referred to in the proviso to paragraph (1) shall be in the form prescribed in Form 5 set out in the First Schedule. (3) An order revoking or annulling a grant shall be in the form prescribed in Form 15 set out in the First Schedule. Interpretation (2) The court may require the petitioner to produce further evidence on affidavit or otherwise for the purpose of satisfying itself as to the existence of the original will, the accuracy of the copy or the draft or the circumstances of loss or destruction. Service of any petition, notice of application, affidavit, caveat, citation, appearance or order of the court required by these Rules or by the court to be served on any party shall be by personal service: Provided that the court may in any case grant leave for substituted service in such manner as it may direct. (2) No certificate as to a surety's financial position shall be required where the surety is a corporation. Grant to sole administrator 61.    (1) In any case where probate or administration is for the first time applied for after expiration of three years from the death of the deceased, the petition shall contain a statement explaining the delay. 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