By Jamal Hamza
 Cordoba Law Firm defined inheritance dispute as a situation where a decedent’s beneficiaries or family members are in disagreement about how the decedent’s estate should be divided. Dispute arises when conflicts or disagreements occur over how a deceased person’s assets are divided. These conflicts can be triggered by several factors, such as questioning the validity of a will or differing views on how the assets should be distributed among the heirs. Such disputes are often complex and emotionally charged, typically involving family members with various expectations and needs. (T. Tezzer,2005). Also, different interpretations of the will, challenges to its legality, disagreements over how to divide or value assets, or concerns related to the legally mandated portion of the estate that must be left to specific individuals, such as a spouse or children.
In such cases, resolving the matter may involve legal proceedings, mediation, or arbitration to reach an agreement on how the inheritance should be divided. In Tanzania, inheritance laws are governed by a combination of statutory law, customary law, and religious law depending on the circumstances and the background of the deceased. Let us look up on these laws, ambiguity and blended family as a cause family disputes over inheritance.
Statutory Law:
According to Tanzania Human Right Jurisprudence statutory law are laws passed by local legislature. This law outline procedures for the administration of both testate and intestate estates. To a testate estate in Tanzania, if the deceased has left a valid will, the estate is distributed according to the term of the will. If the deceased did not leave a will the distribution of estate fall to the spouse, children, parents, and other close relative entitle to inherit in specific shares outlined by law. The disputes come to arise when the statutory law mix up with customary law, Islamic law or when it does not align with the expectation of the family members. For example, sons may expect to inherit the bulk of the estate according to the customs but statutory law may require equal distribution among all children leading to family conflicts.
2. Customary law:
It is applied when the deceased lived according to the customs and traditions of their tribe. Customary law will only be used if the individuals involved in the inheritance belong to the same tribe, and not otherwise. According to (T. Tezzer 2005), in this system, the eldest male child from the primary household receives the largest portion of the estate, followed by the other male children, while the female children from any household receive the smallest portion (T. Tezzer,2005). These customary practices can lead to significant challenges and conflicts among family members. Many modern communities strongly oppose such customs and traditions, which results in conflicts between those who follow their traditional customs and those who do not.
3. Islamic law:
It is applied to followers of the Islamic faith. The distribution of the deceased’s estate according to Islamic law. The main heirs in Islamic law are the wife or wives, father, mother, and children. According to Tamar Tezzer, Islamic law facially discriminate against widows and daughters, granting women half of the share of men, (T. Tezzer,2005). The eldest male child from the primary household receives the largest portion of the estate, followed by the other male children, while the female children from any household receive a smaller portion. A child born out of wedlock does not have the right to inherit unless there is a will. Such religious laws can sometimes lead to conflicts, as some people view them as discriminatory and accompanied with nepotism.
4. Blended families
Often blended families have impact to inheritance disputes due to the complex relationships between children, stepchildren, spouses, and ex-spouses. (T. Tezzer,2005). Children from a previous marriage may feel that their biological parent is favouring their new spouse or stepchildren when dividing assets. They might believe they are entitled to a larger portion of the estate, especially if they had a closer relationship with the deceased. In cases where the deceased has not left a clear will, conflicts arise over how assets should be distributed. Children from previous relationships may worry that their inheritance will go to the surviving spouse or stepchildren.
5. Â Ambiguity
Ambinguity in a will can lead to serious family disputes over inheritance because unclear or vague language can result in different interpretations of the deceased’s intentions. If a will lacks specificity, family members may argue over who gets what. (T. Tezzer,2005). For example, if a will states, “I leave my property to my children,” without specifying which property or how it should be divided, siblings may fight over who is entitled to more valuable assets, such as a family home or a business. Ambiguous phrases like “my favourite child” or “my close friend” can create confusion. For example, if the will says, “I leave a portion of my estate to my favourite nephew,” but the deceased had several nephews, each may claim they are the intended beneficiary, sparking disputes over who should receive that share.
If the will hasn’t been updated after significant life events such as divorce, remarriage, or the birth of new children, disputes can occur. For example, if the deceased left assets to a former spouse or failed to mention new stepchildren, both biological and stepchildren might dispute who is the rightful heir, especially in blended families.
