Amid a growing number of inheritance-related conflicts following the death of fathers, the Samia Legal Aid Campaign team is calling for the involvement of wives in the preparation of wills, to ensure their validity and to reduce disputes.
Speaking during the ongoing campaign at Bwizanduru Village, Maruku Ward in Bukoba District Council, Mr Derick Zephuline, Legal Officer of the Tanzania Law Society (TLS) - Kagera Chapter, said that when a will is issued without the knowledge of the wife, it often becomes contested after the father's death.
"For a will to stand the test of time, especially after the father's passing, the wife should be involved in the process," said Mr Zephuline.
"Otherwise, the will risks being declared invalid if disputes arise." However, he noted that in some unavoidable circumstances, the father may prepare the will in secret.
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"If the wife discloses the contents of the will to potential heirs in an attempt to influence the distribution, the father has the legal right to revoke it and issue a new one clearly stating in the document the reasons for the change and that the previous will is null and void," he explained.
Mr Zephuline cited a common scenario where a mother, favouring a particular child, reveals the will to influence the father's decision.
"In such cases, the father should issue a fresh will and ensure it includes the appointment of executors to manage the estate and oversee fair distribution of property," he said.
He also stressed that spousal involvement should not be limited to will preparation but extended to matters involving jointly acquired property, especially when it comes to selling or transferring ownership.
"Just because a couple is in a union does not mean all property is jointly owned," he clarified.
"For example, if one partner purchases a piece of land independently, with no contribution from the other, the law recognises that property as belonging solely to the purchaser even if they are married."
On the other hand, property registered in the wife's name is not automatically claimable by the husband.
"Unless the wife specifies in a will that her husband can inherit, he has no direct right to her estate," Mr Zephuline added.
"In the absence of a will, the rightful heirs to the wife's estate are her children, parents, and close relatives as directed by the law."
He said that when a husband passes away, the wife is automatically recognised as a legal heir.
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"But the reverse is not true unless the wife has clearly stated so in a valid will," he said.
During the session, a local resident, Mr Edwin Petro, raised concerns about involving his wife in will preparation, citing issues of favoritism and family tensions.
"In many cases, women show discrimination towards stepchildren, and sometimes they try to push their ideas through, even when they seem unreasonable," said Mr Petro.
"My current wife found me with two children, and her bias against them is quite obvious. Involving her in preparing my Will is not something I find comfortable."
