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Where there is a Will ... women stay at bayArusha- based, State Attorney Josson R. Kaishozi is on the carpet this week explaining about why most residents would rather not write a Will.by Nyamanoko Bwire QUESTION: Can you explain what exactly is a Will? ANSWER: This is the statement that any person issues at will in the course of their lifetime, indicating how they would like their properties to be handled, distributed or inherited after they die. Q: What are the right procedures to follow in order for the Will to be recognized by law? A: It is important to note that, there are two types of Wills: verbal and written ones. Any verbal Will must be issued before at least four witnesses, two being relatives and the other two must not be related to the person. Should the person later choose to change the Will, it is important that the initial witnesses should be present if that is possible. Incase all the witnesses are dead, then the Will may not be recognized and the property distribution shall then follow the process of handling which is normally employed in the absence of a Will. As for the written Will, the law requires that permanent inked pens or printed words be used, dates and time indicated and at least two witnesses who can read and write be present. Again one of the witnesses must be a relative while the other a non relative. But in case the owner is illiterate, then the witnesses must be four. A person who is under 21 was at first not required to issue any of the mentioned Wills but it was during the time when the adult’s age was considered to be above 21. That has however changed now and the age is 18. Q: Are many people coming out to write Wills here? A: Very few in fact! You know people here are quite afraid. To them it is scary to write a Will because it feels like one has just passed a death sentence upon him or herself. Q: Any problems affecting the writing of Wills? A: A Will must be placed in total secrecy because the inheritors should always be kept in the dark as a Will can cause quarrels, misunderstandings with some beneficiaries claiming injustice if they get to know the contents. Others want to change the laws by force, bringing less number of witnesses or those who do not qualify. Q: Are there any other important factors to be considered when placing a Will? A: A person can place a Will without necessarily mentioning every single property in his possession and can change the content of the Will but he or she is not allowed to refuse inheritance to any potential inheritor without strong grounds. Changing religion for instance, which is a common claim is not a strong enough reason either. Q: And what are the strongest grounds? A: If the likely inheritor had threatened the Will owner with his or her life, insulted or neglected them in time of trouble or committed adultery with their spouses. Q: What about women? A: Unfortunately the Tanzanian culture hasn’t granted women the rights of making Wills or any decision that may affect it unless if the entire property belongs to them. The problem again rises when the woman is married and most
of the property is hers, yet in the final analysis it is the man who will decide
about the Will.
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