A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement for the Award of Bachelor Degree of Laws [LL.B] of Mzumbe University
This study seeks to address the dilemma of inheritance right for the children born out of wedlock. The area of study is Mbeya city. The overview historical development of this study discusses how the situation was, before and after colonialism, during independence up to present, where it has been witnessed that at early days the situation was very harsh but as days goes on there is continues effort made so as to mitigate the situation in favour of these children. The study discusses various efforts by international instruments governing right to inherit for the children born out of wedlock and the constitution of the united Republic Of Tanzania of 1977 in connection to the current position of the law that govern inheritance right by assessing if it include children born out of wedlock as among of persons who are entitled to benefit from their father’s estate once they die intestate. The study found that the law governing inheritance right does not meet the standard set by the international instruments and the constitution of the United Republic of Tanzania. Analysis shows that there is a lacuna in the laws governing right of inheritance for the children born out of wedlock, thus it is important to be reviewed by the Legislature in order to cope with the current situation and the best interest of the children be protected so as they get all of their basic rights. It also urges members of the community to underscore the need to observe basic rights of children and be in a fore front in enforcing them for the welfare and wellbeing of children. For instance their fathers are hereby insisted to develop habits of drafting wills during their life time which will include their children born out of wedlock a share from their property so that to reduce conflicts having passed away