Denied access to deceased’s documents

I recently came across a situation being widely discussed on social media involving the estate of a deceased person. It was alleged that one of the children of the deceased has been unable to access the letters of administration (commonly referred to as mirathi) and has been denied information about the estate by other family members who are involved in handling the estate. This has made me wonder, once a person dies and an estate is being administered, do heirs have a right to access documents relating to the estate? Can administrators or relatives lawfully refuse to share such information? What does the law say in Tanzania?

KM, Dar es Salaam

Issues relating to inheritance and administration of estates in Tanzania are primarily governed by the Probate and Administration of Estates Act, Cap. 352 [R.E. 2023] (the Act). Once a person dies, their estate is administered by a duly appointed administrator or executor, whose role is to collect, manage and distribute the estate in accordance with the law.

Under the Act, grant of letters of administration (commonly referred to as mirathi) authorizes the administrator to deal with the estate of the deceased. The administrator holds the estate in a fiduciary capacity, meaning that he or she is legally required to act in the best interests of all beneficiaries and not in personal interest. Generally, beneficiaries under a valid will or under intestacy have a legal interest in the estate and are entitled to be informed about administration of the estate in question. This includes the right to seek reasonable information regarding the assets and liabilities of the estate, how the estate is being managed, and the steps being taken towards distribution.

However, the law does not necessarily require that all estate documents be shared freely or unconditionally with every family member at all times. The administrator is expected to safeguard estate documents and ensure proper administration, but must also account to beneficiaries when required, particularly where there is a dispute, delay or concern regarding the management of the estate. Where a beneficiary is being completely excluded from information or denied any form of accountability, the law provides remedies. An interested party may apply to the Court for directions, request the removal of an administrator for misconduct, or seek an order compelling proper accounting of the estate. The Court will generally intervene where there is evidence that the estate is not being properly managed or that beneficiaries’ rights are being prejudiced.

Before we pen off, it should be noted that disputes over inheritance are often sensitive and depend on the specific facts of each case, including whether there is a valid will, who has been appointed as administrator, and the nature of the allegation. For that reason, affected persons are advised to seek legal guidance before taking any formal steps.