Protection of the Surviving Spouse’s Property Interests During Administration of Estate: Examining the Conflict Between Family and Succession Laws in Tanzania

The article examines the extent to which family and succession laws protect the surviving spouse’s property interest during the administration of the estate of the deceased spouse. It analyses the legal framework regulating matrimonial property when a marriage ends with the death of a spouse. The concept of division of matrimonial property at the death of one spouse is not expressly under the existing family and succession laws; unlike divorce, where each spouse parts with his/her share of the marital property jointly acquired. The surviving spouse’s interest in the matrimonial property seems to be subverted by the succession process during the administration of the estate of the deceased spouse. The doctrinal research through documentary review was employed to gather primary and secondary data. The article finds that the surviving spouse’s property interest is inadequately protected; following the spouse’s death, all assets, including matrimonial ones, are treated as the estate of the deceased; lack of clear matrimonial property regimes for the protection of spouse property rights during marriage and upon its end due to death. The author recommends the following:- Substantive legal reforms: the enactment of the Matrimonial Property Act, the introduction of community of property as a default regime, and the recognition of prenuptial or ante-nuptial contracts among spouses, etc