DISPOSITION POWERS OF ADMINISTRATORS OF THE DECEASED ESTATES IN TANZANIA
The administration of deceased estates is a fundamental aspect of legal practice, ensuring the proper and lawful distribution of a deceased person’s assets. This process, often fraught with legal complexities and emotional challenges, is overseen by estate administrators entrusted with significant responsibilities and discretionary powers. These administrators must navigate myriad legal, financial, and interpersonal issues to fulfil their duties, whether appointed by a will (executors) or by the court (administrators).
Estate administration encompasses various activities, including identifying and valuing assets, paying debts and taxes, and distributing remaining assets to beneficiaries. With the duties, the administrator is invested power to dispose of movable property, sale, mortgage, leasing of, and otherwise immovable properties as long as he confers with laws of trustees of a trust of purchase. The legal framework for these activities varies by jurisdiction, reflecting different statutory provisions, case law, and regulatory guidelines. However, despite these established legal frameworks, the administration of the deceased’s estate frequently encounters ambiguities and challenges, especially when the administrator exercises his powers of disposition, which complicates their decision-making process.