Inheritance rights
I am married with two children and own 51% of the plot we live on, while my husband owns 49%. I purchased the plot before our marriage, but we built our home together. After discovering my husband’s affair, I began buying properties in my name whenever I could save money. My husband established a company and granted me 50% of the shares. Following his advice, I made a will allocating my properties to my children. He has not prepared a will. He claims that his 50% share of the company allocated to me serves as his will. Can children born out of wed lock claim a share of my property based on their status as marital assets? Is my will sufficient to cover my children? Please guide.
FS, Mwanza
Your situation raises important legal questions regarding inheritance, marital assets, and the rights of children born out of wedlock under Tanzanian law. Under Tanzanian law, children born out of wedlock can inherit from their biological parent even when not explicitly included in a will. Your will is legally binding as long as it meets the requirements of Tanzanian succession laws. Since you have allocated your properties to your children, they should be protected from claims by others. However, if any of the properties are considered joint marital assets, they may be subject to division upon your husband’s passing or in case of divorce. Your husband claims that his 50% company share allocated to you serves as his will, but this may not be legally sufficient unless documented in a formal will. If he passes away without a will, his estate, including his company shares, may be distributed according to intestate succession laws, which could include claims from children born out of wedlock. To prevent family disputes, advise your husband to draft a formal will specifying how his assets, including the company shares, should be distributed. Your lawyer can guide you further.