Who inherits without a will in Tanzania?

Under the succession or administration-of-estates statute that most common-law countries in Africa have, the spouse and the children are the first heirs and the estate is divided between them by the fractions the statute sets. How much the spouse takes, and whether it is outright or only a right of use, differs from country to country.

The statutes generally give a spouse who has no children a large share or the whole estate, and in some countries the parents or other relatives share in it.

Children first, then the parents, then the brothers and sisters, then more distant relatives, and finally the state. Many statutes also name dependants.

A partner who is not in a recognised marriage generally has no automatic right to inherit. Some countries recognise long-term cohabitation, and courts may order provision for dependants.

Most common-law countries have no forced share, but a spouse or child who is left without support can usually ask the court for provision from the estate.

The law of the place where land lies usually governs the land, and the law of the person's last home usually governs the rest. An estate with a foreign element needs advice in the country.

• In many communities customary rules decide who inherits family land and the family home, and courts and reforms have been moving toward equal rights for sons and daughters and for widows. Which law applies often depends on the form of the marriage and on whether the person lived under customary law.

Tanzania belongs to the Common law family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the Tanzania legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Tanzania? →

• JuriGlobe, University of Ottawa: world legal systems
• World Bank: Women, Business and the Law (country data on inheritance rights)