This is when the deceased person owns assets requiring probate in more than one jurisdiction, it is necessary for the executor to obtain a grant of probate in one area where the deceased owned assets, and then have the same grant resealed in each other jurisdiction where the deceased owned assets.
The Probate and Administration Act provides the way foreign order of grant of probate or letter of administration can be enforced in Tanzania.
Re-sealing is the power given to the High Court only and its procedures are enforceable within commonwealth countries only.
As provided under The Probate and Administration of Estates Act (Cap 352). Section 94. “probate” and “letters of administration” include confirmation and any instrument having in any other part of the Commonwealth the same effect which under this Act is given to probate and letters of administration respectively.
As provided under The Probate and Administration of Estates Act (Cap 352) Section 95. Sealing of probates and letters of administration granted outside Tanzania where a court of probate in any part of the Commonwealth, has, either before or after the passing of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with the High Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in Tanzania as if granted by that court.
As provided under The Probate and Administration of Estates Act (Cap 352)., Section 96. Conditions to be fulfilled before sealing: The High Court shall, before sealing a probate or letters of administration under this Part, be satisfied in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in Tanzania to which the letters of administration relate, and may, in any case, require such evidence as it thinks fit, as to the domicile of the deceased person.
Required documents; –
1. FORM 1 [HEADING OF DOCUMENTS FILED UNDER THE RULES]
(Rule 5)
2. Chamber summons & Affidavit
3. Accompanied by documents you are granted for probates or letters of administration from a foreign country (Commonwealth).
Before penning down, please note that, interested person when sees the Notice of the Court to appear before the Court may lodge Caveat to object. And if you are granted a probate or letter of administration form outside commonwealth countries, your grant isn’t recognized in Tanzania, thus it needs that person to start afresh applications as if nothing has happened.