A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfilment of the Requirement for the Award of Bachelor Degree of Laws [LL.B] of Mzumbe University
This research report is entitled to asses the law and practice concerning making the wills in Tanzania. Every person of sound mind and not minor may dispose of his property by will. The creation of valid will in Tanzania is governed under Indian Succession Act of 1865, which applies to all Christians, and Africans whose mode of life no longer conforms to African practice, and The Probate and Administration of Estate Act.1 Apart from this legislation, there is also customary law which applies to Africans whose mode of life conforms to African practice, and is made applicable by virtue of Local Customary Law (Declaration) Order No. 4 of 1963 and Islamic law. Despite the availability of law which provide instruction on how to make a valid will, still there is problem in making will because majority of the people die without making a will (intestate). The objective of research is to make examination of the law and practice concerning the issue of making will and to see what causes people to die without making will in their life time. Most of people are aware concern the issue of will but they do not take it as important. Some people believe that when one making a Will, he is inviting his own death. The research was conducted in Dar es Salaam and Mbeya through obtaining information from different person concerning making wills by using interview verbal and eye to eye contact with the respondents and documentary review This research have great importance it shows different laws and provision which deal with creation of a valid wills, and it show importance of making a will because a person can ensure as to how his property should devolve and to whom it shall devolve, after his death, through a will. If a person dies without leaving behind his Will, his property would devolve by way of law of intestate succession and not testamentary succession.