Sister hid our father’s Will

Our father died recently leaving several properties. Before his death, I knew that he had prepared a Will, but after the funeral, my elder sister suddenly announced that nobody could find it and we should distribute the estate as though our father died without a Will. I later discovered that she had secretly hidden it because our father had given her a smaller share than she expected. We are obviously going to challenge her over the estate, but my question is different: is hiding somebody’s Will merely a family succession dispute or can it actually be a criminal offence?

AM, Moshi

Section 277 of the Penal Code, Cap. 16 specifically deals with concealing Wills. It provides that a person who, with intent to defraud, conceals a testamentary instrument, whether the person who made the Will is living or dead, commits an offence and is liable to imprisonment for up to 10 years. Therefore, deliberately hiding your father’s Will so that his estate is distributed differently from his wishes is potentially much more than siblings fighting over inheritance. The intention behind the concealment would of course be important, and the allegation would have to be proved by evidence.

Perhaps the lesson for families is simple: you may disagree with what your father wrote in his Will, but hiding the Will does not rewrite it. It may instead write your name into a completely different file at the police station.