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Friday 7 June 2013

APPLICATION FOR PROBATE AND LETTERS OF ADMINISTRATION IN NIGERIA

“A good man leaves an inheritance to his children's children: and the wealth of the sinner is laid up for the just.” 
The Book of Proverbs 13:22

1. Administration of the Estate of a Deceased Person
The law which regulates the Estates of deceased persons is the Administration of Estates Laws of the states of the federation of Nigeria, while the procedure for the grant of the right to administer the estate of deceased persons is governed by High Court (Civil Procedure) Rules of each state of the federation. The Administration of Estates Law of Lagos State was a result of adoption of a similar Administration of Estates Law of former Western State of Nigeria.

The Administration of Estates Laws and the Probate Rules of Procedure are made with the intent to forestall the properties left behind by deceased persons from falling into the hands of unscrupulous persons and particularly those the deceased would not ordinarily wished to inherit his or her properties.

The Administration of Estates Laws do not apply to the distribution, inheritance or succession of the Estate of a deceased person whose affairs were regulated by customary law during his or her lifetime.
The Administration of Estate Laws in Nigeria provide for a legal system of administration of the estate of deceased persons which entails the verification of the claims of persons claiming to be entitled to the estate of deceased persons and subsequently grant the authority or power to administer the estate to the persons who have pass through the verification process at the Probate Registry.

2. Types of Grant of Authority to Administer the Estate of Deceased Persons

There are three (3) categories of grant of authority to administer the estate of deceased persons, these are:

a) Grant of Probate – This is where the deceased dies testate, leaving a valid Will with the executors appointed in the Will to carry out the wishes of the testator.

b) Grant of Letter of Administration with Will – This is where the deceased person dies testate but without appointing executors; or the appointed executors are late; or the executors are infant; or the executors have renounced probate.

c) Grant of Letter of Administration without Will – This is where the deceased person died intestate (without a Will) and so could not appoint executors.

3. Scope of Grant of Authority to Administer the Estate of Deceased Persons

An application for a grant of Letters of Administration may be made either for a limited grant or a full grant and the limited grant may be in respect only of the real estate or of the personal estate of the deceased person. A full or general grant is granted to cover real and personal estate and all assets in the estate and for all purposes without time limit. Whilst, a limited grant is one that is limited as to time; limited to part of the estate only; and limited as to a purpose. Ademola, Ejiwumi and Williams v. Probate Registrar (1971) 1 All NLR 155 at 162

A grant of letters of administration in respect of personal estate does not cover the administration of the real property of the intestate. See Madam Christiana Ugu v. Andrew Ebinni Tabi (1997) LPELR-3324(SC)

4. Applications for Grant of Authority to Administer the Estate of Deceased Persons

All applications for the granting of any Letters of Administration of the estate of the deceased person, with or without a Will attached, and all applications on other matters connected therewith shall be made to the Probate Registrar of the State High Courts.
Before any person can legally exercise any authority on the real and personal estate of a deceased person in law, he or she must have been granted the Probate or Letter of Administration of the deceased estate.

5. What is Probate ?

Probate is the legal authority granted to an executor or executrix of a Will to administer the estate of the testator after the Will has been proved and certified by the Probate Court as the authentic Will of the testator. The judicial due process, which leads to the grant of probate, is called “proving the will”. A probate merely confirms the authority of an executor, it does not confer authority. The authority of the executor is derived from the Will.

6. What is Letter of Administration ?

Letter of Administration is the legal authority granted by the Probate Court to a person called the administrator or administratrix to administer the estate or property of a person who died intestate. A person is said to have died intestate when he dies without leaving behind a valid will. The administrator derives his or her authority to act from the terms of the letters of administration, and where the letters of administration is not granted, an administrator lacks the authority to act. It is instructive to note that while a probate merely confirms the authority of an executor, a letter of administration confers authority on an administrator. Ademola v. Sodipo (1989) 5 NWLR (Pt. 121)329.

7. Executors and Administrators

Customarily, the person granted the Probate is called an executor or executrix if female, while the person granted the Letter of Administration is called an administrator or administratrix if female.
Executors and administrators are also referred to as personal representatives, whether acting with regard to personal or real property of the deceased. Per Ogwuegbu, J.S.C. in Madam Christiana Ugu v. Andrew Ebinni Tabi (supra) at page 23, Paras.E-F.

8. Assent

An assent (also described as vesting assent) is the instrument by which a personal representative of a deceased person conveys land to the beneficiary entitled to it. The beneficiary may be a devisee under a will or the next-of kin of a deceased intestate, that is a person who died without making a will.

9. Time for Grant

In Lagos State, no grant of administration with the Will annexed shall issue within fourteen (14) days of the death of the deceased, and no grant of administration, without the Will annexed, shall issue within twenty one (21) days of such death.

10. Liability of Executor Neglecting to Apply for Probate

If any named Executor in the Will of the deceased takes possession and administers or otherwise deals with any part of the property of the deceased, and does not apply for Probate within three (3) months after the death, or after the termination of any suit for or dispute in respect of Probate or administration, he may, independent of any other liability be deemed to be in contempt of Court, and shall be liable to such fine of not less than Fifty Thousand Naira, (N50,000.00) as the Judge deems fit to impose.

11. Procedures for the Grant of Probate of a Will

There are two procedures for the grant of probate of a Will, namely:

a. Common form; or

b. Solemn form

See Chief Eyo Edem Nsefik (Since Dead) & Ors v. Rosemary Muna & Ors. (2013) LPELR-21862(SC)

a. Common Form

Common form is the procedure employed where it is not anticipated that, there would be any challenge to the grant. It involves establishing that it was in fact the testator (the maker of the Will) who died; that the Will was properly signed and attested and that the executors have been appointed. Once those requirements have been fulfilled and there is no caveat entered against the grant, the propounders of the will would have made out a prima facie case of entitlement to the grant.

The procedure for applying for grant of Probate in common form is commenced by an application to the Probate Registrar for probate by an interested person either personally or through his legal practitioner and the filling and completing the relevant forms and accompanied with required documents. The basic documents required to process probate in Lagos State for instance are as follows –

i. An application letter to the Probate Registrar, which shall indicate –

· Identity of the testator by stating his name, date of birth, address, profession, marital status, names of spouse and children;

· The date and place of the death of the testator;

· That the testator was resident within the jurisdiction of the court shortly before his death;

· That the testator was found to have made a Will; and

· Name of executors, if any, in the Will.

ii. A death certificate of the testator issued by the National Population Commission.

iii. A declaration on Oath by executors to the effect that they will faithfully administer the estate of the testator and render accounts according to the Will of the testator.

iv. An Oath or justification by sureties on behalf of the applicant in a specific penal sum to guarantee his administration of the estate.

v. A duly completed bond by the applicants to pay the debts and liabilities of the testator’s estate, to distribute the estate and also make inventory.

vi. A Bank certificate issued by the Probate Registrar to a personal representative or applicant to inquire into the details of the testator’s bank account, if any.

vii. A duly completed inventory specifically listing the properties of the testator.

viii. A sworn affidavit of attesting witnesses of the Will stating that they are witnesses to the executed Will, and if the testator was blind or an illiterate, that they were present during the interpretation of the contents of the Will to the testator.

ix. Passport photographs of the applicants and witnesses to the Will.

Upon compliance with the conditions precedent for the grant of probate, the Probate Registrar shall grant probate to the applicant.

b. Solemn Form.

On the other hand, where the Will is being contested, it would involve a trial at the High Court; thus, the executors must apply in solemn form, which means a statement of claim is filed under the standard procedure for civil proceedings in the High Court. The party who is contesting the Will would be named as a defendant. He would then have the opportunity of filing a statement of defence and/or a counter claim if he so desires. Pending the decision of the action in court, the court has the discretion to grant a temporary administration pendete lite to preserve the estate.

i. Will Being Propounded by the Executors

In the action following a dispute when a Will is being propounded, it is the duty of and the burden lies on the propounders of the Will to start the calling of witnesses to prove that all required legal conditions of making a valid testamentary document were met including the mental and physical capacities of the deceased.

In a situation where the executors are applying for the grant of probate in solemn form it is not in doubt that they are propounding the will and must begin by leading evidence to show, prima facie, that the testator had the necessary testamentary capacity to make the will and that there was due execution. Thereafter the onus would shift to the challenger to disprove the assertion. Chief Eyo Edem Nsefik (Since Dead) & Ors v. Rosemary Muna & Ors. (supra) Per kekere-Ekun, J.S.C.

ii. Where the Validity of the Will is Being Challenged

A person challenging the validity of a Will is required to file a caveat at the Probate Registry. A caveat is a notice in writing or a form lodged in the probate registry that no grant is to be sealed in the estate of the deceased named therein without notice to the person who entered the caveat. No grant can be sealed if the registrar has knowledge of an effective caveat. See Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (Pt.88) 2341 at 2355, para. G, per Wali JSC.

After the entry of caveat a warning or notice to appear is issued against the caveator (a person who files a caveat) by the party whose application for grant has been stopped and the appearance to such warning by the caveator will disclose the names and addresses of the parties and their respective interests in the estate of the deceased, and with this information it is open to either of them if the interest conflict, to commence an action against the other for the purpose of establishing his own claim.See Dan-Jumbo v. Dan-Jumbo (supra) at 2356, para. A, per Wali JSC.

The caveator is entitled to the revocation of the grant of the probate in respect of which he was not put on notice by the applicant for probate. See Dan-Jumbo v. Dan-Jumbo (supra) at page 2347, paras. B-C

A party who intends to apply for probate can counter a caveat by filing a writ of summons for declaration or pronouncement on the validity of the Will. See Dan-Jumbo v. Dan-Jumbo (supra) at page 2347, paras. B-C

In the case of Dan-Jumbo v. Dan-Jumbo (supra) at page 2354, para. B, it was held by the Supreme Court per Wali JSC that, the Probate Registrar was not entitled to grant probate to the claimants who filed an action for the declaration that a will is valid and got judgment in their favour. Upon which the defendant filed an appeal notwithstanding the fact that the defendant did not filed a motion for stay of execution. There was no necessity to apply for a stay of execution as the lis was still pending and the will was still in litigation.

The procedure for filing a caveat is provided in Probate Rules, in the High Court Civil Procedure Rules of the states of the Federation. Under the Lagos State Probate Rules:

· The caveat is in Probate Form 3 or Form 4 of Lagos High Court Civil Procedure Rules.

· The Probate Registrar shall bring to the notice of an applicant for probate the existence of any caveat, and shall not seal any probate if he has knowledge of any effective caveat to the application for probate.

· The Caveat shall be effective for three (3) months from the date on which it is entered and shall then cease to have effect, without prejudice to the entry of a further Caveat or Caveats and except with the leave of the Judge, no further Caveat may be entered by or on behalf of any Caveator whose Caveat has ceased to have effect.

· The applicant for grant of probate may serve a warning to the person who entered the caveat to give particulars of any contrary interest which he; the caveator has in the estate of the testator.

· Where a caveator wishes to respond to the warning, he is required to file an appearance to the citation or warning. In the appearance, the caveator will disclose the nature of his interest in the estate and the reason he desires that the applicant should not be granted probate.

· Where an appearance is not entered, the caveator who has not entered appearance to the warning may withdraw his caveat by giving notice of withdrawal to the Probate Registrar.

· Where the caveator fails to enter appearance to a warning or citation within the specified period of three (3) months the citor (the person warning) may file affidavit showing that the caveator has been cited and warned, but no summons or response has been received. Thereafter, the caveat shall cease to be effective and probate may be granted. Unless a further caveat is entered.

· The warning is in Form 5 and Form 6 is used by the caveator to disclose the nature of his contrary interest in the estate of the testator.

· Where a probate action is commenced (whether or not any caveat is entered), the action will operate to prevent the sealing of a grant until application for grant is made by the person shown to be entitled by the decision of the court in such action.

· A Caveat filed by a person who had knowledge of probate action and still files a caveat is invalid. Any Caveat in respect of which an appearance to a warning has been entered shall remain in force until the commencement of a probate action.

· A caveator not having interest contrary to that of the person warning but wishing to show cause against the sealing of a grant to that person, may within eight (8) days of service of the warning upon him inclusive of the day of such service, or at any time if no affidavit has been filed by the person warning that the caveator has been served with the warning and has not responded, issue and serve a notice to be served on the caveator.

iii. Challenging the Will Without Filing Caveat

When there was no caveat entered after receiving notice from the Probate Registrar, in the action by an aggrieved party subsequently challenging the grant of probate, the Will is no longer being propounded. It has passed the stage of proving. The attackers of the validity of the Will who are seeking an order revoking the probate have the burden at this stage to prove, inter-alia, that the testamentary document was not validly executed and therefore probate was granted in error. They are to start the hearing before the trial court but not the executors whom the law presume to be entitled to administer the estate referred to in the Will on probate.

iv. Notice to Executor to Prove or Renounce Will

The Probate Court may on the application of any person claiming an interest under a Will, give notice to the Executors therein named, to come in and prove the Will, or to renounce Probate, and they, or some or one of them, shall within twenty one (21) days after notice, come in and prove or renounce accordingly.

v. Liability of Executor Neglecting to Apply for Probate

If any named Executor in the Will of the deceased takes possession and administers or otherwise deals with any part of the property of the deceased, and does not apply for Probate within three (3) months after the death, or after the termination of any suit for or dispute in respect of Probate or administration, he may, independent of any other liability be deemed to be in contempt of Court, and shall be liable to such fine of not less than Fifty Thousand Naira, (N50,000.00) as the Judge deems fit to impose.

vi. Application for Subsequent Probate

There are special circumstances that may warrant the application for a subsequent probate, such as:

1. Where one of the executors was underage at the period the original grant was made to the other adult executors has attained maturity. He can apply for a subsequent grant.

2. In the case of death of one of the four (4) executors, where the maximum number of four executors has been made or for any reason, one of the executors is unavailable, or does not wish to take grant immediately, he may apply for subsequent grant or double probate subsequently.

vii. Persons Entitled to Grant of Probate

The person or persons entitled to a grant of Probate or Administration with the Will annexed shall be determined in accordance with the following order of priority:-

a. The Executor;

b. Any residuary legatee or devisee holding in trust for any other person;

c. Any residuary legatee or devisee for life;

d. The ultimate residuary legatee or devisee, including one entitled on the happening of any contingency or where the residue is not wholly disposed of by the Will, any person entitled to share in the residue not so disposed of, or the personal representative of any such person.

e. Any specific legatee or devisee or any creditor or, the personal representative of any such person or where the estate is not wholly disposed of by Will, any person who, notwithstanding that the amount of the estate is such that he has no immediate beneficial interest therein, may have a beneficial interest in the event of an accretion to it;

f. Any specific legatee or devisee entitled on the happening of any contingency, or any person having no interest under the Will who would have been entitled to a grant if the deceased had died wholly intestate.

12. LETTERS OF ADMINISTRATION (WILL ATTACHED)

Where a testator fails to nominate a person to be his executor of his will or where an executor is expressly named in a will but the named executor is not available or competent to apply for probate then letters of administration (Will attached) will be applied for.

Where a testator fails to nominate a person to be his executor, any person who, upon the terms of the will, has been appointed to perform the essential duties of an executor according to the tenor of the will is entitled to a grant of probate. In the case of Mudasiru v. Abdullahi (2011) 7 NWLR (Pt. 1247) 591 at 619-620, F-A, D-G, it was held that though the 1st -5th Respondents were not expressly appointed as executors in the will, however , by reason of their job description in the will, they were executors according to the tenor of the will.

There are circumstances where an executor is expressly named in a will but is not available or competent to apply for probate, these circumstances include where:

a. The sole executor is an infant, a person of unsound mind or is incompetent due to other disabilities.
 
b. The sole executor renounces the Will or he refused  or neglect in responding to a citation to accept or refuse to take grant.

c. The executor or all the executors are abroad and they jointly appoint an attorney to take out the grant.

d. The testator appointed a sole executor who predeceased the testator or died before proving the Will.

13. LETTER OF ADMINISTRATION (WITHOUT WILL)

Where a person dies intestate, his relatives or beneficiaries are required to apply for the Letter of Administration (without Will) in order to be conferred with the authority administer or deal with the estate of the deceased property or initiate or defend legal proceedings pertaining to the estate. Such property can be administered under customary or English law depending on the circumstances of the estate. See Olowu v Olowu (1985) 3 NWLR (Pt. 13) 372 (SC); Olowu v Olowu (1994) 4 NWLR (Pt. 336)90; Ademola v. Sodipo (1989) 5 NWLR (Pt. 121)329.

a. Applications for Letters of Administration, without a Will Attached,

The Applicant is required to provide under Oath, Affidavits, Bonds or Guarantees with Sureties before such applications can be considered. The value of the administrative Bond(s) can be twice the value of the Estate. The latter attracts additional costs and expense especially as the higher the value of the Estate, the higher the expense and the Estate Fee.

Every application for the grant of Letters of Administration, without a Will annexed, must file:

i. A true declaration of all the personal property of the deceased person with a true value of these properties also stated.

ii. Upon making the application, the Applicant is issued a Bank Certificate, together with other statutory forms, where the bank account balance and the value of shares of the deceased person is stated by the Banks and the Registrars of companies where the deceased person operated or owned shares.

b. How to Challenge the Grant of Letter of Administration

The procedure for challenging the grant of letter of administration is similar with that of challenging the grant of probate discussed above. In the case of Otun v. Otun (2004) 12 MJSC 53 at 75,paras C-D, per Tobi,JSC it was held that, it is the law that upon a notice that Letters of Administration will be issued to a person, a party is free to raise objection by way of caveat.

Although, it is the law that upon a notice that letters of administration will be issued to a person, a party is free to raise objection by way of caveat, the failure to enter a caveat cannot be Justification for obtaining letters of administration by fraud.

14. Application Fees

There are various fees to be paid before a Probate or Letters of Administration application can be evaluated and approved. Once a Probate or Letters of Administration is approved by the Probate Registry, an Estate fee of between five to ten percent of the value of the Estate depending on the State, must be paid to the State Government where the Probate application is made and approved.

15. Conclusion

Applying for Probates or Letters of Administration in Nigeria can be very frustrating to the uninitiated, particularly persons who are not legal practitioners sound in the law and practice of Administration of Estates of the relevant jurisdiction. Save yourself this evitable frustration contact a legal practitioner in your jurisdiction or contact Akintunde Esan for further illuminations on the application for your Probate or Letters of Administration in Nigeria.

APPLICATION FOR PROBATE AND LETTERS OF ADMINISTRATION IN NIGERIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)


Click to also view:


GOOD NEWS !

If you lack the necessary funds to pay for the 10 percent (10%) of the value of the money in the Bank Account of  the deceased required to be paid to the Probate Registry in order to obtain Letter of Administration.

Contact Ase Olodumare Chambers or Akintunde Esan for  further information.

54 comments:

  1. law school student7 July 2014 at 12:24

    very informative. thank you

    ReplyDelete
  2. Thank you for this article very illuminating. Pls I have a couple of questions:
    1. The article did not mention the amount the payment of property tax to the government of the state where the will is domiciled. Has this being abolished.
    2. is it possible for the executors of an estate to sell a property of a deceased without getting a letter of probate. (the deceased had a will that was read in the high court).
    3. It is possible to get a letter of probate from the probate judge (if that exist) to sell a property belonging to the deceased.
    4. Is there a penalty for executing the wished of the deceased without obtaining a letter of probate.
    Hope to hear from you.

    ReplyDelete
    Replies
    1. 1. Payment for the processing of Letters of Administration or Probate is assessed at 10% (or 5% in some jurisdictions) of the value of the Estate (Personal or Real) intended to be covered in the Probate or L.A as the case may be.
      2. It is possible to for the executor to sell a property without probate having been granted. But the purchase will be purchasing nothing as the executor must have sold without authority. Legal interest in the property will not pass to the purchaser.
      3. If what you meant is a mere letter different from an Order of the Court granting Probate, then it is not proper. Probate must be granted, not some personal letter from a Probate Judge.
      4. There is no penalty per say. An executor can proceed to act but must ensure that Probate is granted him/her as soon as possible.

      Delete
  3. Truly instructive. Thanks for sharing

    ReplyDelete
  4. thank you very much. what happens where the deceased is a military personnel, how do you go about obtaining consent of directorate of military pension boards.

    ReplyDelete
  5. If you desire to engage in a legal intellectual discourse with me you are welcome, but if you want to be anonymous yet want to engage me it shows you an intellectual coward, that is not worth my engagement

    ReplyDelete
  6. Hello Akintunde. Anonymous may just need some further insight. Its better to help as much as possible. One -liners will help. You don't know who your comments have helped.

    Your write up helped clear some issues for me. Help him and he may just give you the brief. Clearly he has a 'live' issue on hand.

    Thanks again

    ReplyDelete
  7. Hello Akintunde, thanks for this informative article. My question is regarding sureties. Quoting No 4 of the procedure you mentioned above, "An Oath or justification by sureties on behalf of the applicant in a specific penal sum to guarantee his administration of the estate". Is it true that sureties must have a landed property in the same state as the property of the deceased e.g Rivers State? What are the criteria for being a surety? Your help will be much appreciated.
    Many Thanks

    Johnson

    ReplyDelete
  8. Thanks for sharing! I enjoyed this page. It was very informative.

    ReplyDelete
  9. Thank you so much..but I have questions..
    1. can a wife of a customary law marriage obtain a letter of administration?
    2. can a wife who was married under the Marriage Act, though her husband died intestate, obtain a letter of administration?

    ReplyDelete
  10. What is the next point of action where the probate office is unable to find a will that has been lodged with them? I am presently experiencing a situation where I have made an application to the Ikeja Probate Registrar for grant of the probate for a will. But, they are saying (verbally, not written) that they are unable to find the will in the vault. The search has been going on since April 2015. I made the application through a legal practitioner.

    ReplyDelete
  11. Can a wife married under the Act apply for a letter of administration as a Sole Administrator? Who else can she include on the letter as a joint administrator?

    ReplyDelete
  12. Hi, can one object to the sale of late fathers house, as a person named in a letter of administration while two others named on the letter want to sell up the late fathers house? The person who objects to sale is ill and has no property or own any home. Then people named as administrators are all over 70 years. Thanks

    ReplyDelete
  13. Thanks for the enlightenment. God bless every of your endeavours. Please i would like to know if the Letter of Administration knocks off the existence of a next of kin as stated in the PFA database.

    ReplyDelete
  14. Good evening. What is the cost of applying for letter of administration?

    ReplyDelete
    Replies
    1. 5-10 percent Estate/Asset/Fund fee to be paid to the Registry or Government in Lagos it is ten.Processing fees including the professional fee of your Solicitor.Publication cost

      Delete
  15. elizabeth
    pls is it true that two sureties is required and they must presnt survey plan of their landed properties in lagos just for the family of the deceased to collect 700,000naira from the account of the deceased. it will be appreciated, if you respond barister

    ReplyDelete
  16. gud evn, pls is it true that two sureties is required and they have to bring survey plan of their landed properties in lagos before a deceased family can have access to d deceased account tha t have just #700,000 in the account.pls reply barrister, thanks

    ReplyDelete
  17. Dear Barrister Akintunde Esan,

    Great insight on your posts concerning probates and letters of admin.I have a question concerning Applications for Letters of Administration, without a Will Attached

    Do all parties have to be present in the Lagos High Court? Some parties involved live abroad and flying into Nigeria Could be an issue or can there be another way for example swearing to an affidavit in the domicile country abroad in front of a lawyer and then have this affidavit presented to the Lagos High Court.

    Thank you for your assistance kind Sir and I look forward to your email response.

    Jide

    ReplyDelete
  18. What of if the property is in another state,is it possible to get the letter of admistration in Lagos? How long does it take?

    ReplyDelete
  19. What of if the property is in another state,is it possible to get the letter of admistration in Lagos? How long does it take?

    ReplyDelete
  20. What of if the property is in another state,is it possible to get the letter of admistration in Lagos? How long does it take?

    ReplyDelete
  21. Good evening sir.Thank you for the illumination. My father died in Lagos, without a will, but I want to know if it is possible for me to be obtain letter of Administration from the high Court in Ondo state, where I work? I heard it doesn't take as much time here in Akure compared to Lagos.Thanks. Friday

    ReplyDelete
  22. Your article is well articulated very informative. I wish you success in your practice and may you continue to excel in your field. Thank you very much for your kind gesture of providing such a detailed information. God bless you Sir.

    ReplyDelete
  23. But sir, what's the procedure for amendment of grant.

    ReplyDelete
  24. What is the procedure for the amendment of probate grant in Nigeria

    ReplyDelete
  25. The answers to most of your questions are already in the Blog post.

    ReplyDelete
  26. Good day sir, I have my letter of administration but between when it was processed from the bank certificate and the LOA came out , the balance in my late father's account was a bit more than what was there when I started the process. The bank is now telling me I need to file for additional asset to lay claims to the entire balance but I think I should be paid what was stated in the LOA first and we file for additional assets after that. Please advise. Thanks

    ReplyDelete
  27. Good day sir, I have my letter of administration but between when it was processed from the bank certificate and the LOA came out , the balance in my late father's account was a bit more than what was there when I started the process. The bank is now telling me I need to file for additional asset to lay claims to the entire balance but I think I should be paid what was stated in the LOA first and we file for additional assets after that. Please advise. Thanks

    ReplyDelete
  28. Good day sir, I have my letter of administration but between when it was processed from the bank certificate and the LOA came out , the balance in my late father's account was a bit more than what was there when I started the process. The bank is now telling me I need to file for additional asset to lay claims to the entire balance but I think I should be paid what was stated in the LOA first and we file for additional assets after that. Please advise. Thanks

    ReplyDelete
  29. Thank you, this has helped me a lot. My question is, how long does it take to get a letter of administration and to get the banks to release the funds in the account of the deceased to the next-of-kin? In short, how long does the entire process take especially with relation to the banks?

    ReplyDelete
  30. Greetings. I have an issue at hand. My late sister made her younger sister the next of kin in her the record held by ARM pension and made her mother the next of kin at her place of work Zenith bank. Before she died, she was married to an irresponsible man with 3 kids all under age. In fact the oldest child is 7 yrs. Before she died she was about divorcing the bad husband but didn't know death awaits her. There are speculations that she wrote a will but the laywer involved sabotaged her... It is believed she willed everything to her mother and sister knowing fully well that if anything should happen to her, her motheand sister would definitely secure her things for the her children. My question is between the husband and the young sister, who is supposed to be the legitimate applicant to obtain letter of administration over her pension fund? Does the man have legitimacy to apply over the deceased sister and mother? The delta state Probate registry is saying compelling the mother of the deceased and the sister to join the spouse husband who rushed to tender application for letter of administration of the deceased pension fund under ARM.. . Please is this right under the law? What is the implications of both the deceased mother and sister joining the as co applicants?

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  31. When a US resident dies, the US probate court issues letters of administration to a person named as personal representative in a last will and testament or to a person having priority in the US Probate Code. The letters of administration is the name of the document that is proof to the world that the person has been officially named by the probate court to administer the estate in US.

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  32. Hello Mr Esan, how much is the professional fee charged by a lawyer for processing of LA?

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  33. Thank you very much.

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  34. Hello can you advise my father resided in London England and had a property in Nigeria.
    He has a Nigerian will which is regarded as his last will he also has a English will but this has been superseded by the Nigeria will as this was written last. I believe it was my father intention to have two wills one for England where myself and sister are named executors and a. Separate Nigerian will. My father also had assets including a property. The executors of the Nigerian will Are form nigeria and live there. Where does the application of grant of representation have to be applied England or Nigeria
    I believe that as my father resided in Nigeria he would be liable to pay any inheritance tax in the U.K. Is this correct ?
    Will any tax still need to be paid in Nigeria if the property is sold ?
    If we the named benafisheries don't want to sell the property in Nigeria or England can the executors sell the property without our content against our will ?
    If my father had other assets in Nigeria like bank accounts is there anyway we could find out

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  35. Good morning, quite informative piece, would you kindly direct me as to whether an executor is liable for:
    1. Wasting an estate
    2. Acting contrary to a directive stated in a will.

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  36. Good day, once the letters of administration have been given to the administrators, is it possible for the estate to be partitioned?

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  37. Hello Sir,
    I lost my father recently can you help us in getting this letter of administration so that we can get access to the funds in my late dad's account

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  38. for a grant of letters of Administration without will, what is the appropriate jurisdiction where the deceased who is from Rivers State has lived in say, Lagos for over 15years?

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  39. Hello, please which states does the time limit of 3 months and the fine of N50,000 apply to? Re: Liability of Executor Neglecting to Apply for Probate. I am aware it applies to Lagos State.

    Thank you.

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  40. Great article, however i have a question to ask. Firstly, when the Will of deceased has been read, but caveat was filed challenging it and a warning was also filed in response to the caveat. However, the Caveat instead instituted a fresh suit via an originating summons challenging the validity of a the will as no executor was appointed in the will and the signature of one of the witnesses to the will predates that of the Deceased.

    Please what to you think would be the outcome.
    Thank you

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  41. Good day sir, I already obtained the probate form from the court, but have challenges in filling it, can you help me out with it. My email add is ayogbaro@yahoo.com. Thank you.

    ReplyDelete
  42. I need help with filling the probate form for letter of administration. Can you help me out? My email add is ayogbaro@yahoo.com

    ReplyDelete
    Replies
    1. Come to our Office @ Ase Olodumare Chambers, No. 5, Musa Akor Close,Akin Osiyemi Street,Off Allen Avenue,Ikeja, Lagos State

      Delete
    2. Come to our Office @ Ase Olodumare Chambers, No. 5, Musa Akor Close,Akin Osiyemi Street,Off Allen Avenue,Ikeja, Lagos State

      Delete
  43. I have a situation sir and I need your advice. A will which was made almost 30 years a go was just read recently. Only one of the executors is alive but he is permanently outside the country and he is not interested in applying for probate. How does one resolve this issue sir.

    ReplyDelete
    Replies
    1. Chat with me on WhatsApp @ 08073828487 or come to Ase Olodumare Chambers Law Firm

      Delete
  44. Nice blog about Obtaining Probate from court. This blog has helped a lot to understand about probate. Thank You, looking forward to read more such blogs.

    ReplyDelete
  45. Nice Blog! Provided relevant information related to law. D Rani & Company in Singapore provides grants of letters of administration and grant of Probate which are issued in case of demise of a person without any will.

    ReplyDelete

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