Important things to consider when drafting a Will

- A Will must have Witnesses.

- A Will must be written in ink.

- A Will must have a clause of refuting any written or oral will in existence prior to the will at hand.

- A testator must list all of his / her properties.

- A Will must have a date.

- A Will must be signed.

- A Will must state properties, heirs and distribution of properties.

- A Will must state the executor of the estate.

- A Will may state the place of burial of the testator.

- A Will must state the percentage distribution of properties, if the testator has more than one heir.

- A Will must state in detail the property specifics e.g. model of the car, plate number of the car, location of the plot of land, size of the plot of land e.t.c.

- A Will must state all the legal heirs except for the following legal reasons;

• Heir has committed adultery with the testator’s spouse.
• Heirs not obligating to take care in poverty and struggles, hunger and sickness the testator.
• Heir has attempted murder/ physically assault the testator or parents of the testator.
• Heir has been given property (ies) prior the death of the testator.

1: An Islamic Will

Should not distribute one-third of the property to non-heirs. It should be put into emphasis that if the testator is a Muslim and he/she does not wish to follow the Islamic norms of property distributions in his/her will, a special clause ought to vividly state so.

2: A Will under the custody of the Office of the Administrator- General (RITA)

It has prescribed fees as propounded under The Administrator- General (Powers and Functions) Act, with the following fees;

• Value of the estate of Tsh. 1 to 50,000,000/=; for preparation of the will is Tsh. 20,000/=, custody of Will is Tsh. 20,000/= and amendment of will is Tsh. 20,000/=.
• Value of the estate of Tsh. 51,000,000/= to 200,000,000/=; for preparation of the will is Tsh. 50,000/=, custody of the will is Tsh. 50,000/= and amendment of the will is Tsh. 50,000/=.
• Value of the estate of Tsh. 201,000,000/= to 500,000,000/=; for preparation of the will is Tsh. 100,000/=, custody of the will is Tsh. 100,000/= and amendment of the will is Tsh. 100,000/=.
• Value of the estate not exceeding Tsh. 501,000,000/=; for preparation of the will is Tsh. 150,000/=, custody of the will is Tsh. 150,000/= and amendment of the will is Tsh. 100,000/=.

- The Office of the Administrator-General (RITA) also takes into custody wills prepared outside the office by private Advocates and charges the following fees; for preparation and cross-reference is Tsh. 50,000/=, custody of the will is Tsh. 100,000/= and amendment of the will is Tsh.100,000/=.

-Joint wills are usually prepared by husband and wife and in the course of death of either of them, the will shall still be operative, executed and amended by the surviving spouse.