BILL TABLED TO PROHIBIT NON-CITIZENS FROM OWNING LAND THROUGH INHERITANCE

• Bill tabled to impose restriction on Administrators and Executors in distributing property of deceased to heirs who are non-citizens
• However non-citizen heirs will be allowed to benefit from proceeds of sale of property

On 14 November 2019, the Written Laws (Miscellaneous Amendments) Bill 2019, Act No 8 of 2019 which proposed to amend several laws including the Probate and Administration of Estates Act, Cap. 352 was tabled in Parliament for first reading.

The amendment to the Probate and Administration of Estates Act now proposes to impose a restriction on Administrators and Executors in distributing the estate of the deceased which is in the form of landed property to heirs who are non-citizen. If the Bill goes through, the non-citizen heirs will be allowed to benefit from the proceeds realised from the disposition of the said landed property after the Administrator or Executor disposes off the property.

The laws of Tanzania through the provisions of section 20 of the Land Act prohibit foreigners to acquire land unless it is for investment purposes under the Tanzania Investment Act. The said Act makes it clear that a non-citizen can only acquire land if it is for investment purposes and that investment must be under the Tanzania Investment Centre. Otherwise non-citizens are not allowed to hold land in Tanzania.

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