Probate & Estate Planning
Overview
Protect What You Have Built: Estate Planning & Probate in Tanzania
A will drafted today protects your family for generations. An estate administered without a lawyer can take years and cost far more than the legal fees you were trying to avoid. Most people in Tanzania do not have a will. This is not because they do not care what happens to their asset, it is because they have not yet made the time to prepare one, or because they do not realise how important the process is until something goes wrong in someone else’s family. By then, it is too late for their own estate.
When a person dies without a valid will in Tanzania, their estate is distributed according to the Law of Marriage Act and the Law of Succession Act — not according to their wishes. The court appoints an administrator, the process is supervised by the High Court, assets can be frozen for months or years, and family members who the deceased intended to provide for may receive less than expected.
URU Attorneys handles every estate matter, from drafting your will now to guiding your family through probate when the time comes, with the sensitivity, discretion, and legal precision these matters demand.
“The families who suffer most after a death are almost always those whose loved one had no will. The families who grieve peacefully are almost always those who planned ahead. We help you be the second kind of family.”
Wilhad A. Kitaly — Co-Founder & Principal Partner, URU Attorneys
Cap 352
Probate & Administration of Estates Act
Cap 160
Law of Succession Act governing intestate distribution
High Court
All probate petitions filed at the High Court of Tanzania
- We understand this is a difficult time. Estate and probate matters arise when families are grieving, and we approach every case with empathy and patience. There is no wrong time to contact us — whether you need to plan your estate now or administer the estate of someone who has passed, our team handles all matters with complete confidentiality and care. We are here to make a complex process as simple and clear as possible for you and your family.
When Families Disagree
Inheritance Disputes & Contested Estates
Inheritance disputes are painful, expensive, and almost always damaging to family relationships. They most commonly arise when there is no will, when the terms of a will are ambiguous or unexpected, when there are children from multiple relationships with competing claims, or when a family member believes an executor is not administering the estate fairly or honestly.
Our strong preference is always to resolve these disputes by negotiation and mediation before they reach court. A negotiated settlement preserves family relationships better than litigation, costs significantly less, and is usually faster. However, where litigation is necessary, because an executor is acting dishonestly, because a will was procured by fraud or undue influence, or because a beneficiary’s rightful share is being withheld, we have the High Court advocacy experience to fight for our client’s interests through to a final determination.
Types of Inheritance Disputes We Handle
- Challenges to the validity of a will on grounds of lack of testamentary capacity, undue influence, fraud, or improper execution
- Disputes between beneficiaries over the correct interpretation of an ambiguous will provision
- Claims by a surviving spouse or dependant child that they have been inadequately provided for under a will or under the intestacy rules
- Disputes between children of different relationships (including children from marriages and children born outside of marriage) over their respective entitlements
- Applications to remove a dishonest or incompetent executor or administrator and appoint a replacement
- Claims against an executor or administrator who has misappropriated or wasted estate assets
- Disputes over the valuation of estate assets, particularly land and business interests
- Competing claims to the same piece of land where ownership was disputed before the death
Our Services
Probate & Estate Legal Services We Provide
Will Drafting & Review
We draft wills that are clear, legally valid under Tanzanian law, and structured to give effect to your exact intentions. A will prepared by an advocate eliminates the common defects — ambiguous language, improper execution, failure to account for all assets — that cause wills to be challenged or declared invalid. We also review existing wills and advise on whether they remain appropriate as circumstances change, such as after a marriage, divorce, birth of a child, or significant acquisition of assets.
Grant of Probate
Where a person dies leaving a valid will, the named executor must obtain a Grant of Probate from the High Court before they can lawfully deal with the estate. This is a court-supervised process. We prepare and file the probate petition, assemble the supporting documentation, represent the executor at the High Court, obtain the Grant of Probate, and then assist the executor in administering the estate in accordance with the will and the court's supervision.
Letters of Administration
Where a person dies without a will, or where the named executor is unable or unwilling to act, the estate cannot be administered without a court-issued Letter of Administration. We petition the High Court on behalf of the appropriate family member, guide them through the formal application process, obtain the Letters of Administration, and assist the administrator in distributing the estate lawfully among the entitled beneficiaries.
Estate Administration
Once probate or letters of administration are granted, the practical work of administering the estate begins: identifying and valuing all assets, settling debts and liabilities, paying any applicable taxes, transferring land titles and share certificates to beneficiaries, closing bank accounts, and distributing the residual estate. We manage this process from start to finish, ensuring every step complies with the court's authority and that beneficiaries receive their entitlements without unnecessary delay.
Trust Creation & Administration
Trusts are powerful estate planning instruments that allow assets to be held and managed for the benefit of others, such as minor children, dependants with special needs, or family members who are not yet ready to manage significant assets. We advise on the appropriate type of trust for each situation, draft the trust deed, establish the trust in compliance with Tanzanian law, and advise trustees on their ongoing legal obligations and powers under the Trust Deeds.
Succession Planning for Family Businesses
A family business is often the most valuable and most complicated asset in an estate. Without careful succession planning, the death of a founder or majority shareholder can trigger disputes among surviving family members, freeze business operations, or result in a forced sale at an unfavourable time. We advise on structuring business succession plans that ensure continuity — whether through shareholder agreements, buy-sell provisions, share transfers to a trust, or a combination of instruments designed specifically for each family's circumstances.
Getting It Right
Administering a Tanzanian Estate from Abroad
A will that does not meet Tanzanian legal requirements is not just ineffective — it can be declared void entirely, leaving your estate to be distributed as if no will existed. These are the requirements that every valid will must satisfy under the Probate and Administration of Estates Act Cap 352 and the Law of Marriage Act Cap 29.
For Diaspora Families
We Act as Your Local Representative
Where a beneficiary or executor is based outside Tanzania, we file the probate petition on their behalf, appear at court hearings with a Power of Attorney from the executor, liaise with land registries and banks to transfer and close accounts, and communicate progress clearly and regularly throughout the process. We provide written updates at every key stage so families overseas are never left wondering what is happening. Documents can be executed remotely using notarised Powers of Attorney authenticated by a Tanzanian Embassy or High Commission in the country where the client resides.
For Tanzanian Diaspora Estate Planning
Write Your Tanzanian Will Before It Is Too Late
If you are a Tanzanian living abroad and own land, property, business interests, or financial assets in Tanzania, you need a Tanzanian will to govern the distribution of those assets. A will made in the UK, USA, or Australia may not be automatically recognised in Tanzania, or may require a separate re-sealing process at the High Court. We draft Tanzanian-law wills for diaspora clients remotely — documents are exchanged electronically, executed locally with appropriate witnesses, and stored securely in our files. This gives you and your family complete protection for your Tanzanian assets.
Documents We Typically Need for Remote Probate Administration
- Certified copy of the death certificate issued in Tanzania or resealed/recognised if issued overseas
- Original will (if one exists) or a certified copy if the original is held elsewhere
- Certified copies of national ID or passport for the executor/administrator and all named beneficiaries
- Notarised Power of Attorney authorising URU Attorneys to act on behalf of the executor or administrator before the High Court and other authorities
- Marriage certificate (where the surviving spouse is a beneficiary or administrator)
- Birth certificates for beneficiary children, particularly those under 18
- Inventory of known assets: land title numbers, bank account details, company shares, vehicle registration documents
- Any known liabilities or debts of the deceased, including mortgages, loans, or outstanding payments
Legal Framework
Key Laws Governing Estates & Probate in Tanzania
Probate and Administration of Estates Act, Cap 352
The primary legislation governing the making of wills, the requirements for a valid will, the probate process, and the administration of deceased persons' estates in Tanzania. All probate petitions are filed under this Act.
Law of Succession Act, Cap 160
Governs the distribution of a deceased person's estate when they die without a valid will (intestate succession). Sets out the order of priority among surviving relatives — spouse, children, parents, siblings — and the applicable shares.
Law of Marriage Act, Cap 29
Relevant to estate planning and probate because it governs the rights of spouses — including the matrimonial home and matrimonial property — on death. A surviving spouse's rights under this Act interact with both wills and intestacy rules and cannot be entirely excluded.
Trustees' Incorporation Act, Cap 318
Governs the creation of charitable trusts and the incorporation of trustees in Tanzania. Relevant when a will or estate plan establishes a charitable foundation or when institutional trustees are appointed to manage ongoing trusts for beneficiaries.
Land Act, Cap 113 & Land Registration Act, Cap 334
Land is often the most significant asset in a Tanzanian estate. These Acts govern the transfer of land titles to beneficiaries following probate, the role of the Land Registry in recording the transmission, and the stamp duty obligations arising from inheritance transfers.
Income Tax Act, Cap 332
Certain income generated by an estate during the administration period may be subject to income tax. The estate is treated as a taxable entity from the date of death until final distribution. We advise executors and administrators on their tax obligations during the administration period to avoid unexpected liability.