B JUDICIAL MEASURES 483. In the case of Re Wills and Administration of Testate Estates Act between Isaac Tantameni Chali (Executor of the Will of the Late Mwalla Mwalla) v. Liseli Mwalla (SCZ Judgement No. 6 of 1997), the executor appealed against an order of the High Court varying the terms of the deceased’s will. The testator had made no provision for the respondent and her brother. The trial judge relied on the provisions of Section 20 (1) of the Wills and Administration of Testate Estates Act, which states that if, upon application made by or on behalf of a dependant of the testator, the Court was of the opinion that the testator had not made reasonable provision, whether during his lifetime or by his will, for the maintenance of the dependant, and that hardship would thereby be caused, the Court may, notwithstanding the provisions of the will order that such reasonable provision as the Court thinks fit shall be made out of the testator’s estate for the maintenance of that dependant. 484. The Supreme Court held that the respondent was in law not covered by the definitions of ‘dependant’ or ‘child’. Section 3 of the Act defines dependant to mean a wife, husband, child or parent, and although the term ‘child’ is not defined in the Act, the age of a minor is given as a person who has not attained the age of 18. 181

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