Interest in joint occupied land

I recently attended a seminar on estate planning and wills which inspired me to get my affairs in order and write a will so that in case of my demise my family is not inconvenienced. However, there is a slight dilemma. I have a piece of land located in Dodoma which is jointly owned by me and my brother as our names appear in the certificate of right of occupancy we obtained from the Ministry of Lands. The certificate clearly indicates we are joint occupiers of this land. Do I include this piece of land in my will as one of my properties?
CF, Dodoma

A will ensures that your properties are divided among your heirs according to your wishes. It is good that you have considered writing a will. While you have freedom to divide your property as you wish, there are some restrictions which result from the operation of the law. This jointly occupied land is one of the cases where the law takes precedence over personal wishes. Section 159 of the Land Act [Cap. 113 R.E 2019] provides that where land is occupied jointly under a right of occupancy or lease, no occupier is entitled to any separate share in the land and, consequently on the death of a joint occupier, her/his interest shall vest in the surviving occupier or occupiers jointly; however a joint occupier may transfer his interest inter vivos (while alive) to the other occupier(s) but to no other person, any attempt to so transfer her/his interest to any other person shall be void.

The law is drafted this way because for joint occupation, the joint occupiers’ interest cannot be divided. For that reason, upon the demise of one of the occupiers/owners, the interest over a jointly occupied land automatically passes to the surviving occupier/owners. Your lawyer can guide you further on this.