TYPES OF WILLS AND ELIGIBILITY (PART II)

Sophie Mirambo

Under Tanzanian law, any person making a will must be at least 18 years old and of sound mind. In practical terms, this means the individual must understand the nature of their property, identify the intended beneficiaries and appreciate the legal consequences of the decisions made.

Tanzanian law recognises two types of wills: Written wills and oral wills.

A written will is the most common and reliable form. It may be typed or handwritten in permanent ink and must be signed by the testator (the person making the will). It must also be witnessed by at least two independent witnesses, neither of whom may be beneficiaries under the will.

An oral will, by contrast, is made verbally in the presence of four witnesses, two of whom must be relatives. Because oral wills are more difficult to prove, they should be reserved for exceptional circumstances.

As the saying goes, “A well-made will today saves confusion tomorrow.”

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