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Tanzania
Probate and Administration of Estates Act, 1963
Chapter 352
- Published in Government Gazette
- Commenced on 1 March 1963
- [This is the version of this document as it was at 31 July 2002 to 7 July 2016.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
Part I – Preliminary provisions (ss. 1-2)
1. Short title and application
2. Interpretation
Part II – Jurisdiction in probate and administration of estates (ss. 3-9)
3. Jurisdiction of High Court in probate and administration
The High Court shall have jurisdiction in all matters relating to probate and the administration of deceased's estates, with power to grant probates of wills and letters of administration to the estates of deceased persons and to alter or revoke such grants.4. Jurisdiction of High Court to re-seal certain grants
The High Court shall have jurisdiction to re-seal grants of probate and letters of administration made by a court of probate in any part of the Commonwealth in accordance with the provisions of Part X of this Act.5. Jurisdiction of District Delegates
6. Jurisdiction of district courts
7. Consular officers
8. Powers under this Act may be exercised in chambers
Subject to any Probate Rules in that behalf, the jurisdiction of the court or a district court under this Act may be exercised in chambers—9. 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 including fees payable to administrators appointed under subsection (1) of section 75 and forms, and generally for the better carrying out of the provisions of this Act.Part III – Protection of estates pending grant and executors of their own wrong (ss. 10-17)
10. Receiver pending grant
Where any person dies leaving property within Tanzania, the court may, if it appears on the application of the Administrator-General or of any person claiming to be interested in such property, or having the custody or control thereof at the time of the death of the deceased, or being at such time an attorney of the deceased, that there is danger that such property may be wasted, appoint the Administrator-General or such other person as the court thinks fit, to be a receiver of such property pending a grant of probate or letters of administration.11. Sale by order of court
The court may, on application by a receiver appointed under section 10, or any person interested in the estate, order the sale of the whole or any part of such property, if it appears that such sale will be beneficial to the estate.12. Application of rules relating to receivers
A receiver appointed under section 10 shall be subject to all rules of court relating to receivers generally:Provided that neither the Administrator-General nor the Public Trustee shall be required to furnish security.13. Penalty for contempt
Any person who, without lawful authority, removes or attempts to remove from Tanzania any portion of the property of which a receiver has been appointed under section 10, or destroys, conceals, or refuses to yield up the same to the receiver, commits an offence and on conviction is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.14. No suit against receiver
No suit shall be brought against a receiver appointed under section 10 in relation to anything done or intended to be done by him in respect of the property of the deceased in exercise or intended exercise of the powers vested in him; but any person aggrieved by anything so done, or intended to be done, may apply to the court for directions in the matter, and the court may make such order as is just.15. Receiver's lien
A receiver appointed under section 10 shall have a lien upon the property entrusted to him for all costs and expenses properly incurred by him in the exercise of his duties as such receiver.16. Executors of their own wrong
A person who intermeddles with the estate of the deceased or does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong:Provided that—17. Liability of executor of his own wrong
Where a person has so acted as to become an executor of his own wrong, he is answerable to the rightful executor or administrator, or to any legatee or creditor of the deceased, to the extent of the assets which have come into his hands, after deducting payments made to the rightful executor or administrator, and payments made in due course of administration.Part IV – Renunciation by executors (ss. 18-20)
18. Express renunciation of right to probate
A person who is entitled to probate may expressly renounce his right to such grant orally on the hearing of any application or in writing signed by the person so renouncing and attested by any person before whom an affidavit may be sworn.19. Citation and constructive renunciation
20. Effect of renunciation
The renunciation, whether made expressly or constructively, shall preclude the person so renouncing from applying thereafter for probate:Provided that the court may at any time allow the person so renouncing to withdraw his renunciation for the purpose of taking a grant, if it is shown that such withdrawal is for the benefit of the estate or persons interested therein.Part V – Grant of probate and letters of administration by the Court (ss. 21-47)
A – General provisions (ss. 21-23)
21. Trust corporations
22. Number of executors and administrators
23. Minors and persons of unsound mind
Probate or letters of administration shall not be granted to any person who is a minor or of unsound mind.B – Probate (ss. 24-28)
24. Grant of probate
25. Probate of copy, draft or contents of written wills and of the contents of oral wills
26. Codicil propounded after probate
Where, after probate has been granted, a codicil of the will is propounded, probate may be granted of the codicil:Provided that where the codicil expressly or impliedly revokes the appointment of any executors to whom probate has been granted, such probate shall be revoked, and a new probate granted of the will and codicil together.27. Authenticated copy of will proved abroad
Where a will has been proved and deposited in a court of competent jurisdiction situated outside Tanzania, and a properly authenticated copy of the will is produced, probate may be granted of such copy or letters of administration granted with a copy of such copy attached.28. Effect of probate
Probate of a will when granted establishes the will and evidences the title of the executor from the death of the testator.C – Letters of administration with the will annexed (ss. 29-32)
29. Failure of executors
Where—30. Attorney of absent executor
Where any executor is absent from Tanzania, and there is no other executor within Tanzania willing to act, letters of administration with the will annexed may be granted to a lawfully constituted attorney, ordinarily resident within Tanzania, of the absent executor, limited until the absent executor obtains probate for himself, and in the meantime to any purpose to which the attorney's authority is limited.31. Attorney of person entitled to letters of administration
Where any person, to whom letters of administration might be granted under section 29, is absent from Tanzania, letters of administration with the will annexed may be granted to his lawfully constituted attorney ordinarily resident in Tanzania, limited in the manner provided in section 30.32. Codicil propounded after letters of administration granted
The provisions of section 26 shall apply in the case of a grant of letters of administration with the will annexed in like manner as they apply in the case of a grant of probate.D – Letters of administration on intestacy (ss. 33-34)
33. Letters of administration on intestacy
34. Attorney of person entitled to administration
Where a person entitled to letters of administration in the case of an intestacy is absent from Tanzania and no person equally entitled is willing to act, letters of administration may be granted to a lawfully constituted attorney, ordinary resident in Tanzania, of such person, limited until such person obtains letters of administration himself and in the meantime to any purpose to which the attorney's authority is limited.E – Letters of administration for special purposes (ss. 35-41)
35. Until will produced
When no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy thereof is produced.36. During minority
37. During unsoundness of mind
Where a person of unsound mind would, but for his unsoundness of mind, be entitled to probate or letters of administration, with or without the will annexed may be granted to the person to whom the care of his estate has been committed by a competent authority, or to such person as to the court seems fit, for the use and benefit of the person of unsound mind, limited until he becomes of sound mind and obtains a grant to himself.38. Pendente lite
Pending the determination of any proceedings touching the validity of the will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration, the court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the court and shall act under its direction.39. Collection and preservation of property
In any case in which it appears necessary for preserving the property of a deceased person, the court may grant, to any person whom it thinks fit, letters of administration limited to the collection and preservation of the property of the deceased, and giving discharges for debts due to his estate and to such other acts (other than the distribution of estates as the court shall think fit) subject to the directions of the court.40. Suits
41. Trust property
Where a person dies, leaving property of which he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, and leaves no general representative, or one who is unable or unwilling to act as such, letters of administration, limited to such property, may be granted to the beneficiary, or to some other person on his behalf.F – Grants with exception (ss. 42-43)
42. Grants with exception
Whenever the nature of the case requires that an exception be made, probate or letters of administration with or without the will annexed shall be granted subject to such exception.43. Grants of excepted part
Whenever a grant with exception of probate or letters of administration with or without the will annexed has been made, further grant may be made of the part of the estate so excepted.G – Effect of grant of letters of administration (s. 44)
44. Effect of grant of letters of administration
Subject to all such limitation and exceptions contained therein and, where the grant is made for a special purpose, for that purpose only, letters of administration entitle the administrator to all rights belonging to the deceased as if the administration had been granted at the moment after his death:Provided that letters of administration shall not render valid any intermediate acts of the administrator tending to the diminution or damage of an intestate's estate.H – Death of executors and administrators and effluxion of time of limited grants (ss. 45-47)
45. Death of one of several personal representatives
Where probate or letters of administration have been granted to more than one executor or administrator and one of them dies, the representation of the estate administered shall, in the absence of any direction in the will or grant accrue to the surviving executor or executors or administrator or administrators.46. Death of sole or surviving personal representative
On the death of a sole or sole surviving executor who has proved the will or of a sole or sole surviving administrator, letters of administration may be granted in respect of that part of the estate not fully administered, and in granting such letters of administration the court shall apply the same provisions as apply to original grants:Provided that where one or more executors have proved the will or letters of administration with the will annexed have been issued, the court may grant letters of administration under this section without citing an executor who has not proved the will.47. Effluxion of time of limited grants
When a limited grant has expired by effluxion of time, or the happening of the limited event or contingency on which it was and there is still some part of the deceased's estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made.Part VI – Revocation and alteration of grants and removal of executors and administrators (ss. 48-51)
48. Rectification of errors
Errors in names and descriptions, or in setting forth the time and place of the deceased's death, or the purpose in a limited grant, may be rectified by the court, and the grant of probate or letters of administration may be altered and amended accordingly.49. Revocation of grants and removal of executors
50. Payments by or to representatives whose grants are revoked
51. Surrender of revoked grants
Part VII – Practice and procedure in granting probate and letters of administration (other than of small estates) (ss. 52-72)
52. Procedure in the Court
Except as hereinafter provided, and subject to any Probate Rules made in that behalf—53. Application to High Court or District Delegate
54. District Delegate to stay proceedings and report to High Court in certain cases
55. Petition for probate and letters of administration annexed with the will
56. Petition for letters of administration
57. Verification of petition
58. Caveats against grant of probate or administration
59. Proceedings subsequent to caveat
60. Order to produce testamentary papers
61. Court may examine petitioner, require further evidence and issue citations
62. Time before which grant not to be made
No probate of a will shall be granted until after the expiration of seven clear days, and no letters of administration shall be granted until after the expiration of fourteen clear days, from the day of the testator's or intestate's death.63. Grant of probate and administration
Whenever it appears to the court that probate of a will or letters of administration should be granted, such probate or administration shall be granted under the seal of the court.64. Refusal of letters of administration
Notwithstanding anything in the preceding sections, it shall be in the discretion of the court to make an order refusing, for reasons to be recorded by it in writing, to grant any application for letters of administration made under this Act.65. Directions to executor or administrator
The court may give to an executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof.66. Oath
Upon the grant of any probate or letters of administration the grantee shall take an oath faithfully to administer the estate and to account for the same:Provided that this section shall not apply where the grantee is the Public Trustee or the Administrator-General.67. Administration bond
Every person to whom letters of administration are granted and, if the court so directs, any person to whom probate is granted shall give a bond with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate if the deceased:Provided that the court may, for good reasons, dispense with a bond or sureties, or both, in any particular case.68. Assignment of administration bond
The court may, on application made by petition and on being satisfied that the engagement of any such bond has not been kept, and upon such terms as to security, or providing that the money received be paid into court, or otherwise as the court may think fit, assign the same to some proper person, who shall thereupon be entitled to sue on the said bond in his own name as if the same had been originally given to him instead of to the court, and shall be entitled to recover thereon, as trustee for all persons interested, the full amount recoverable in respect of any breach thereof.69. Deposit of original wills
All original wills of which probate and letters of administration with the will annexed have been granted by a court shall be deposited and preserved in the Registry of the High Court, and any wills so deposited and copies of all grants of probate and letters of administration shall, subject to the control of the High Court and the provisions of Probate Rules, be open to inspection.70. Conclusiveness of probate and letters of administration
Probate and letters of administration shall—71. Grantee alone to act as representative
After any grant of probate or letters of administration, no person other than the person to whom the same shall have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, until such probate or letters of administration shall have been revoked or annulled.72. Appeals and revision
Part VIII – (ss 73-91)
A – Practice and procedure in appointing, and revoking the appointment of, administrators of small estates (ss. 73-87)
73. Application of Part VIII
74. Selection of administrator
A district court may appoint as administrator one or more persons interested in the estate or in the due administration thereof and, in selecting an administrator, shall, unless for any reason it considers inexpedient so to do, have regard to any wishes which may have been expressed by the deceased.75. Administrator-General's administration and appointment of officer of the court or impartial person
76. Appointments to be under seal
77. Security for due administration
A district court may, if it thinks fit, require an administrator of a small estate to give security for the due administration of the estate.78. Wills
79. Appointment may be for whole estate or specified assets
An appointment of an administrator under this Part may authorise the administration of either the whole estate or of the assets specified in the appointment, and shall be effective throughout Tanzania.80. Effect of appointment
81. Unclaimed assets
An administrator appointed under this Part who has in his hands any assets to which no person substantiates a lawful claim within one year from the death of the deceased shall forthwith inform the Administrator-General and, if so required by the Administrator-General, shall transfer those assets to the Administrator-General, and those assets shall then be subject to the provisions of sections 48 and 49 of the Administrator-General (Powers and Functions) Act10.82. Revocation of appointment
The appointment of any administrator may be revoked by the district court which made the appointment for any reason which would justify the revocation of probate or letters of administration or the removal of an executor, and with like consequences.83. Appeals to High Court
84. District Courts to make returns to High Court
Every district court shall make such returns to the High Court as may be prescribed by Probate Rules of all its proceedings under this Part.85. Restriction on grant of probate or letters of administration of small estates
86. Validity of appointments in respect of estates exceeding ten thousand shillings
87. Administration of estates under one thousand shillings
B – Administration of small estates (ss. 88-91)11
88. Law applicable to member of specific tribe estates
89. Wills of members of tribe
90. ***
[Law applicable to estate of Somalis.]91. ***
[References to Cap. 16 of the Revised Edition, 1928, in other Ordinances12.]Part IX – Estates administered in accordance with customary law, custom and Islamic law (ss. 92-93)
92. Cases in which Act applies to estates administered in accordance with customary law and custom
93. Effect of directions of High Court on orders made by primary courts
Part X – Re-sealing of probates and letters of administration (ss. 94-98)
94. Interpretation
In this Part and in section 4—"court of probate" means any court or authority, by whatever name designated, having jurisdiction in matters of probate;"probate" and "letters of administration" include confirmation and any instrument having in any other part of the Commonwealth the same effect which under this Act is given to probate and letters of administration respectively.95. Sealing of probates and letters of administration granted outside Tanzania
Where a court of probate in any part of the Commonwealth, has, either before or after the passing of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with the High Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in Tanzania as if granted by that court.96. Conditions to be fulfilled before sealing
The High Court shall, before sealing a probate or letters of administration under this Part, be satisfied in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in Tanzania to which the letters of administration relate, and may, in any case, require such evidence as it thinks fit, as to the domicile of the deceased person.97. Security
The High Court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditor residing in Tanzania.98. Duplicates and copies
For the purposes of this Act, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.Part XI – Powers and duties of executors and administrators (ss. 99-113)
99. Character and property of executor or administrator as such
The executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such:Provided that nothing in this section contained shall operate so as to vest in an executor or administrator—100. Powers in respect of causes of action and debts
An executor or administrator has the same power to sue in respect of all causes of action that survive the deceased, and may exercise the same powers for the recovery of debts due to him at the time of his death, as the deceased had when living.101. Power to dispose of property, etc.
An executor or administrator has, in respect of the property vested in him under section 99, power to dispose of movable property, as he thinks fit, and the powers of sale, mortgage, leasing of and otherwise in relation to immovable property conferred by written law upon trustees of a trust for sale.102. Expenditure on care and management
An executor or administrator may, in addition to any other powers of expenditure lawfully exercisable by him, incur expenditure—103. Executor or administrator not to derive benefit from office
104. Powers of several executors or administrators exercisable by one
When there are or administrators, the powers of all may, in executors the absence of any direction to the contrary in the will or grant of letters of administration, be exercised by any one of them who has proved the will or taken out administration.105. Powers of special personal representatives
For the avoidance of doubt it is hereby declared that—106. Provision for funeral
It is the duty of an executor to provide funds for the performance of the necessary funeral ceremonies of the deceased in a manner suitable to his condition, if he has left property sufficient for the purpose.107. Inventory and accounts
108. General duties of administration
109. Order of payment of debts
110. Debts to be paid before legacies
111. Abatement of general legacies and equality of legacies
112. Abatement of specific legacies
113. Right to demonstrative legacy
Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts and necessary expenses, the legatee has a preferential claim for payment of his legacy out of the fund from which the legacy is directed to be paid until such fund is exhausted, and if, after the fund is exhausted, part of the legacy still remains unpaid, he is entitled to rank for the remainder against the general assets as for a legacy of the amount of such unpaid remainder.Part XII – Legacies and annuities (ss. 114-129)
114. Assent necessary to complete legatee's title
115. Assent to specific legacy
116. Assent of executor to own legacy
117. Effect of executor's assent
The assent of the executor to a legacy gives effect to it from the death of the testator.118. Commencement of annuities when no time fixed by will
Where an annuity is given by the will, and no time is fixed for its commencement, it shall commence from the testator's death, and the first payment shall be made at the expiration of a year next after that event:Provided that an executor may make advances prior to the expiration of such year up to the amount which has accrued due at the date of any such advance.119. Payment of annuities when time fixed
Where there is a direction that an annuity shall be paid quarterly or monthly, the first payment shall be due at the end of the first quarter or first month, as the case may be, after the testator's death, and shall, if the executor thinks fit, be paid when due; but the executor shall not be bound to pay it until the end of the year.120. General provisions as to annuities
121. Investment in securities authorised by Probate Rules
122. Contingent bequests
Where a bequest is contingent, the executor is not bound to invest the amount of the legacy, but may transfer the whole residue of the estate to the residuary legatee (if any) on his giving sufficient security for the payment of the legacy if it shall become due.123. Directions of testator as to investment
124. Minors entitled to immediate payment or possession
125. Produce of legacies
126. Interest on general legacies
127. Interest on annuities
128. Residue to be paid to residuary legatee
The surplus or residue of the deceased's property, after payment of debts and legacies, shall be paid to the residuary legatee when any has been appointed by the will.129. Transfer of assets from Tanzania to executor or administrator in country of domicile
Where a person not having his domicile in Tanzania has died leaving assets both in Tanzania and in the country in which he had his domicile at the time of his death, and there has been a grant of probate or letters of administration in Tanzania with respect to the assets there and a grant of administration in the country of domicile with respect to the assets in that country, the executor or administrator, as the case may be, in Tanzania, after having given such notices as are referred to in section 134 and after having discharged, at the expiration of the time therein named, such lawful claims as he knows of, may, instead of himself distributing any surplus or residue of the deceased's property to persons residing out of Tanzania who are entitled thereto, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons.Part XIII – Refunding of legacies (ss. 130-137)
130. Refund of legacy paid under court order
An executor who has paid a legacy under the order of a court is entitled to call upon the legatee to refund in the event of the assets proving insufficient to pay all the legacies.131. No refund if paid voluntarily
When an executor has voluntarily paid a legacy, he cannot call upon a legatee to refund in the event of the assets proving insufficient to pay all the legacies.132. Refund when legacy becomes due on performance with further time allowed
133. When legatees compellable to refund in proportion
When the executor has paid away the assets in legacies, and he is afterwards obliged to discharge a debt of which he had no previous notice, he is entitled to call upon each legatee to refund in proportion.134. Distribution of assets
135. When creditor may call upon legatee to refund
A creditor who has not received payment of his debt may call upon a legatee who has received payment of his legacy to refund, whether the assets of the testator's estate were or were not sufficient at the time of his death to pay both debts and legacies, and whether the payment of the legacy by the executor was voluntary or not.136. Legatee's rights to require other legatees to refund
137. Refunding to be without interest
The refunding shall, in all cases, be without interest.Part XIV – Devastation (ss. 138-139)
138. Liability for misapplication
When an executor or administrator misapplies the estate of the deceased, or subjects it to loss or damage, he is liable to make good the loss or damage so occasioned.139. Liability for neglect
When an executor or administrator occasions a loss to the estate by neglecting to get in any part of the property of the deceased, he is liable to make good the amount.Part XV – Administration of wakf property (ss. 140-158)
140. Interpretation
In this part, unless the context otherwise requires—"Commissioner" means a member of the Wakf Commission appointed under section 142 of this Act;"trustee" includes any person, whether alone or jointly with another, in control of any property the subject of a wakf or in receipt of any rents or profits thereof;"wakf" means an endowment or dedication in accordance with Islamic law of any property within Tanzania for religious, charitable or benevolent purposes or for the maintenance and support of any member of the family of the person endowing or dedicating such property;"Wakf Commission" means the Wakf Commission of Tanzania constituted under section 142 of this Act.141. Wakfs to be valid and effective
Notwithstanding the provisions of the Law of Real Property and Conveyancing Act15 and any law thereby applied to the Tanzania, the making by any person, after the date of the coming into operation of this Act, of a wakf which, but for the provisions of the said Act and applied law, would be effective and valid, shall not be unlawful, ineffective or invalid and any provision of the said Act or applied law which would operate to render ineffective or invalid any of the terms or provisions of any wakf so made, shall have no effect.142. Constitution of Wakf Commission
143. Wakf Commission to be a body corporate with a common seal
144. Meetings and quorum
145. Register of wakf property and trustees
146. Wakf Commission may hold an inquiry and take over administration of wakfs
147. Trustees of wakfs may be called upon to produce evidence of proper administration of their trusts
148. Certain contracts or agreements relating to wakf property must be sanctioned by Wakf Commission
No contract or agreement of any description whatsoever purporting to sell or otherwise alienate any property the subject of a wakf or purporting to mortgage such property or purporting to lease the same for any period exceeding one year shall be valid unless the sanction in writing of the Wakf Commission has first been obtained.149. Titles to wakf property shall not be acquired by prescription or adverse possession after commencement of this part
Notwithstanding anything to the contrary in any Act or law for the time being in force, no title to any property the subject of a wakf shall, after the commencement of this Part be acquired by any person by reason of such person having been in adverse possession thereof or by reason of any law of prescription.150. How wakf property to be administered
151. Wakf Commission may dispose of wakf property in certain circumstances
If it appears to the Wakf Commission that in respect of any of the intentions of the maker cannot reasonably be carried into effect and that it is accordingly expedient that the property the subject of the wakf or any part thereof should be leased, exchanged or sold, the Wakf Commission may cause such property or part thereof to be leased, exchanged or sold and shall apply the proceeds of such lease, exchange or sale in the manner provided by subsection (2) of section 150 of this Act.152. Permission requisite to build mosques or to establish cemeteries
153. Fees
154. Accounts and audit
The Wakf Commission shall keep proper accounts of all property and money which comes into their hands and such accounts shall be audited by an auditor approved by the President at such times as the Minister may direct.155. Banking accounts
The Wakf Commission shall open a banking account or banking accounts into which all moneys received by the Wakf Commission shall be paid and out of which all payments authorised by the Wakf Commission shall be made. Any such banking account shall be operated by the Chairman, or a Commissioner duly authorised in that behalf by the Wakf Commission, and the Secretary.156. Rent Restriction Act not to apply to wakf properties
The provisions of the Rent Restriction Act18, or of any Act amending or replacing the same, shall not apply to any wakf properties which are administered by the Wakf Commission under the provisions of this Act.157. Penalties
Any person who commits an offence against this Act shall on conviction be liable to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.158. Regulations
Part XVI – Islamic estates [benevolent payments] (s. 159)
159. Discretion of district officer to make payments
In any case in which, according to the Islamic Law, the whole or any part of an estate is payable to the Treasury (Beit-el-Mal), a district officer may, in his discretion, order that the whole or a part of the amount so payable but not exceeding a sum of one thousand shillings be distributed, in such proportions as he may think fit, among the husband, wife or wives, or other dependants of the deceased:Provided that where the estate is one to which this Act applies, a District Officer shall not make an order under this section without the prior consent of the court which has jurisdiction in the administration of such estate or, if the estate is administered by the Administrator-General, of the Administrator-General.Part XVII – Miscellaneous provisions (ss. 160-168)
160. Provisions applied to administrator with will annexed
In Parts XII and XIII the provisions as to an executor shall apply also to an administrator with the will annexed.161. Depository of the wills of living persons
Subject to the provisions of Probate Rules, the wills of living persons may be deposited in the Registry of the High Court, and every such will so deposited shall be preserved in the Registry under the control and direction of the High Court.162. Affidavits in the case of trust corporations
Any officer authorised for the purpose by a trust corporation or a director or member of the governing body thereof may, on behalf of the corporation, take an oath, swear affidavits, give security or do any other act or thing which a court may require with a view to the grant to the corporation of probate or administration, and the acts of an officer so authorised, director or member, shall be binding on the corporation.163. Validity of testamentary dispositions and rights to maintenance preserved
Nothing herein contained shall—164. Amendment
[Amends certain Ordinances.][s. 140]165. Certain Acts disapplied
166. Savings
167. Transitional provisions
168. Saving of powers of Administrator-General and Public Trustee
Subject to the provisions of subsection (4) of section 124 nothing in this Act shall be construed as derogating from the provisions of the Administrator-General (Powers and Functions) Act24 or the Public Trustee (Powers and Functions) Act25 or affect the rights, duties or privileges of the Administrator-General or the Public Trustee or an Assistant Administrator-General.History of this document
01 December 2023 amendment not yet applied
21 February 2020 amendment not yet applied
08 July 2016 amendment not yet applied
31 July 2002 this version
Consolidation
01 March 1963
Commenced
Cited documents 8
Act 8
| 1. | Village Land Act | 503 citations |
| 2. | Magistrates’ Courts Act | 313 citations |
| 3. | Rent Restriction Act | 101 citations |
| 4. | Civil Procedure Code | 80 citations |
| 5. | College of Business Education Act | 9 citations |
| 6. | Sisal Industry Act | 4 citations |
| 7. | Succession (Non-Christian Asiatics) Act | 2 citations |
| 8. | Public Trustee (Powers and Functions) Act | 1 citation |
Documents citing this one 7
Judgment 6
Government Notice 1
| 1. | Probate Rules, 1963 | 16 citations |
Subsidiary legislation
|
Title
|
|
|---|---|
| Estate Duty (Exchange of Information) (Kenya) Declaration Order, 1965 | Government Notice 4 of 1965 |
| Probate Rules, 1963 | Government Notice 10 of 1963 |