Simultaneous death of testator and beneficiary 

My Wife and her father recently passed away in a tragic accident. We are not sure as to who died first. My father in law left a Will bequeathing most of his properties (estate) to his daughter (my wife). On the other hand, my wife left a Will stating that all her estate should be evenly distributed amongst her beloved daughters. Our family is now perplexed on whether my wife’s share from her father’s estate forms part of her estate. Kindly advise us.

JD, Dar es Salaam

Please accept our sincere condolences for the loss of your wife and her father. In our experience, this is one of the difficult legal issues. The difficulty lies on the fact that Tanzanian law does not provide for such situation. However, it is addressed under what is known as the commorientes rule, which applies where there are simultaneous deaths of two people in circumstances where it is not possible to determine who died first. It is also worth noting that different jurisdictions deal with this differently. Some jurisdiction like England and Wales apply a strict presumption under the Rule (often that the younger person is taken to have survived the older), while others like Scotland require clear proof of survivorship on a balance of probabilities. As indicated above, in Tanzania, this is not addressed by our laws. However, where our laws are silent, the Courts are generally guided by common law principles, depending on the circumstances of each case.

In your case, if it can be shown that your wife survived her father, even where it is proved that she died after a second, then her inheritance under her father’s Will will have vested in her and, therefore, form part of her estate to be distributed to her heirs (daughters) in accordance with her own Will. Should it be difficult to prove that she survived her father, her father’s estate does not become part of her estate and, therefore, cannot automatically pass to her children. Instead, it would be dealt with under any alternative provisions under her father’s will, or under intestacy rules, if no such provisions exist. The key point is that a person can only pass to another what they have legally acquired before death, and Wills are ambulatory in nature, meaning they only take effect upon death and can be changed during a person’s lifetime. Given the circumstances of the matter, we advise you to approach your lawyer for further guidance.

Widow inheritance in Tanzania

I have been married for 12 years and blessed with three kids. Unfortunately, my husband died in August 2025 and I was left as a widow. Since then, I have been receiving assistance in different issues from my brother in law. Recently, I was informed that I should get married to my brother in law (my late husband’s older brother) because their culture so demands or else I will be left alone to look after my kids. I am stranded not knowing what to do. In case I decline the proposal, will the refusal extend to me losing my legal entitlements as a widow?

JR, Mara

We are so sorry on the demise of your husband and the situation you are going through. In Tanzania, matters concerning marriage are guided by the law of Marriage Act. The law defines marriage as a voluntary union of a man and woman, intended to last for their joint lives. Besides, the law provides that one should freely and voluntarily consent before entering into a marriage union. Regardless of the traditions and/or cultural practices one is subjected to, it is strictly required that one should voluntarily enter into this union. Forcing a person to enter into marriage under any circumstances will not only be in conflict with the law governing marriage but also the Constitution of the United Republic of Tanzania.

Our Constitution provides for protection and respect for a person’s dignity, privacy and matrimonial life. Hence, if you are not in agreement with your husband’s cultural practices regarding widow inheritance upon husband’s demise, you should unequivocally stand on your ground against them. On the other note, your refusal will not be in conflict with any laws and hence you will not lose any of your entitlements as a widow. We advise you to seek further guidance from your lawyer.

Payment of levies as proof of stall ownership 

I have been operating a market stall for many years and always believed I owned it because I bought it from another trader. I also regularly paid market levies to the local authority. Recently, the Council demolished my stall without giving me any notice, claiming I was only a tenant in arrears. I lost my goods in the process. Can the Council lawfully demolish my stall without notice, and am I entitled to compensation?

ZK, Singida

We are sorry to hear about what happened to the stall which you believe was yours. The Court of Appeal of Tanzania has recently made it clear that payment of market levies alone does not amount to proof of ownership, nor does it create any proprietary right over a stall. A person claiming ownership must produce proper documentary evidence such as sale agreements, inheritance documents, or transfer records. In that particular case, the Court found that the traders failed to prove ownership of the stalls they occupied. They had no valid documents and did not call relevant witnesses to support their claims. As a result, their claims were rejected under the Evidence Act for failure to discharge their burden of proof.

More importantly, the Court held that once a person is found to be in unlawful occupation, they are treated in law as trespassers. A trespasser is not entitled to notice before eviction or demolition, and equally has no right to compensation for losses suffered as a result of their unlawful occupation. Accordingly, where ownership cannot be proven, the Council is legally entitled to remove the structures without notice, and no compensation is payable. In the circumstances of your case, if you bought the stall, as you said, it is incumbent upon you to prove such ownership by adducing documents evidencing such ownership as we have indicated above. Your lawyer can guide further, subject to providing all required details.