This month's briefing explores the recently proposed amendments to inheritance laws in relation to foreign heirs in Tanzania, with a particular focus on whether foreign heirs could inherit land.
This month’s legal briefing focuses on the Written Laws (Miscellaneous Amendments) (No. 8) Bill 2019 (the Bill), which among other things, proposes amendments to the Probate and Administration of Estates Act (the Probate Act). The Bill was tabled before Parliament for the first reading towards the end of 2019.
This briefing explores the following matters:
- the proposed amendments to the Probate Act and how this may affect the Land Act
- the Emmanuel Marangakis case
Section 20 of the Land Act currently provides that non-citizens shall not be allocated or granted land, unless it is for investment purposes. Section 20 of the Land Act further states that a body corporate registered in Tanzania, whose majority shareholders or owners are non-citizens, shall be considered a foreign company for the purpose of the Act.
The High Court of Tanzania in the case of Emmanuel Marangakis Attorney of Anastasios Anagnostou vs The Administrator General, Civil Case No. 1 of 2011 case interpreted section 20 of the Land Act in relation to the ability of non-citizens of Tanzania to occupy and hold land in Tanzania by way of inheritance. The High Court essentially decided that section 20 of the Land Act does not restrict foreigners from occupying land in Tanzania through inheritance. Historically, foreign heirs had been relying on this High Court decision to occupy land by way of inheritance.
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