The administration of the estate of a deceased person depends on whether they died with or without a will. Testacy describes a scenario where one dies leaving behind a valid will specifying how they wish their estate to be run and distributed. Conversely, intestacy refers to the state of an individual dying without a valid will. Whether a person dies testate or intestate, the people who are in charge of managing the deceased’s estate call themselves personal representatives. The representatives act in the capacity of trustees of the estate to ensure that property in question is passed under the law or according to the wishes of the deceased. They are known as Administrators where there is no valid Will, and they must apply in the Probate Registry of the High Court of Lagos for a grant of Letters of Administration in order to be legally entitled to administer the Estate.
Who Can Apply for a Grant of Letters of Administration in Nigeria
The probate registry of the High Court can issue letters of administration to interested parties who seek to be appointed to manage a deceased’s estate. The rights and interests of the parties and the relevant legal principles are among the things taken into account by the court. Ultimately, it is the Probate Registry or the Court that has to take the decision as to who has a sufficient interest in the estate to have a participation in the administration of the estate, under the Lagos rules. To say the least, it is the decision in the case of Williams v. Ogundipe (2006) ALL FWLR pt 327 at page 540 that lays this down so clearly. Interest in estate matters is created by the law, not by abstract moral considerations, the case went on to emphasize. The Court also relied on Section 49 of the Administration of Estates Law of Lagos State 1959 (now Section 46 of the 2015 edition), which provides for the order of succession to an estate upon a person’s intestacy.
Hierarchy of Persons Entitled to a Grant of Letters of Administration
Section 46 of the Administration of Estates Law, 2015, outlines the hierarchy in relation to the persons who have a right to apply for a grant of letters of administration regarding a deceased person’s estate. The section also prescribes the manner in which the estate of the deceased person is to be distributed amongst the persons entitled to it as their next of kin, giving priority to some. For example, the deceased’s surviving spouse and children are given priority over other potential next of kin. This preference is upheld by the decisions of the Court of Appeal in Williams v. Ogundipe and Salubi v. Nwariaku (2003) LPELR-2998 (SC) – see also Onitiri, V.O. S. Succession – P.77. Also, siblings of the whole.
However, the court has power in choosing the best person(s) to appoint as an administrator of the estate. This is put into consideration depending upon the availability and health condition of the applicant, his priority in terms of age, mental capacity, and other considerations as the court may find necessary. The following hierarchy would entitle a grant:
- Spouse of the deceased
- Children of the deceased or grandchildren whose parents predeceased the intestate
3.The parents of the deceased
- Brothers and sisters of the whole blood, or their issue
- Brothers and sisters of the half blood, or their issue
- Others of the full blood
- Others of the half blood
- Others of the full blood
- Creditors to the deceased person’s estate
- The Administrator General of everyone else is unwilling or should such people be unknown
The ultimate power to issue this ‘letters of administration’ rests with the probate registry of the High Courts, although this is discretionary following the most appropriate persons. Although it usually prefers the granting deceased’s partner or children, this factor may still not satisfy. On the overall consideration, the Court will always give the letter of administration to the person that is most proper and competent in administration of this estate.
This article provides a general overview of the subject. Please contact us directly for any specific legal assistance.