Letters of Administration in Benue State — who may apply, and in what order
Until a grant is made, nobody has authority to deal with an estate. Which is why the question cannot simply be left alone.
A parent has died and the bank will not release the account without a grant. There is a will, and a child who was left out says it was not properly made. There is no will, and the family cannot agree who should apply. Or property has been shared according to custom and a daughter has been told she takes nothing. Estate matters arrive at the worst possible moment and are made harder by the fact that nobody wants to be the one who raises them.
The law
What the law provides
Succession in Nigeria runs along two tracks, and the first question in any estate is which one applies.
Where the deceased left a valid will, the estate is distributed according to it, and the executors named apply for a grant of probate. A will must satisfy the formal requirements of the applicable law — in writing, signed by the testator, and attested by witnesses who sign in the testator's presence. A will may be challenged on grounds including want of capacity at the time it was made, undue influence, or failure to comply with the formalities. Statute also limits testamentary freedom in one important respect: property that is subject to customary law may not in all cases be freely disposed of by will.
Where the deceased left no will, the estate passes on intestacy, and the applicable regime depends on the deceased's personal law and the nature of the marriage. Where the deceased was subject to customary law, the customary law of the community governs distribution. Where the marriage was contracted under the Marriage Act, statutory rules of distribution may apply instead. Establishing which regime governs is not a formality — it determines who takes and in what shares.
Customary rules of succession are subject to the same limits as customary law generally. A custom that is repugnant to natural justice, equity and good conscience is not enforced. Nigerian courts have applied that principle to customs excluding female children from inheritance, and the constitutional prohibition on discrimination is also engaged.
Until a grant is made, no one has authority to deal with the estate. That is the practical reason the process cannot simply be left alone.
The process
What happens in practice
The first step is to establish what the estate consists of and which succession regime applies. That means locating the will if there is one, identifying the assets and where they are held, and identifying the persons entitled.
Where there is a will, the executors apply to the Probate Registry of the High Court for a grant of probate, lodging the original will, the death certificate, an inventory of the estate and the prescribed forms. Where there is no will, those entitled apply for letters of administration. The application is advertised, sureties are commonly required to enter into a bond, and the estate is assessed for the fees and duties payable before the grant issues.
Where the entitlement itself is disputed — a challenge to the validity of the will, or a disagreement about who may apply or in what shares — the dispute is resolved by the High Court in contentious proceedings, and the grant awaits the outcome. Where the distribution is governed by customary law, evidence of the applicable custom is required in the same way as in any other customary matter.
Grants take time. Nothing here should be read as an estimate of how long any particular application will take.
Our role
How the firm acts
We prepare wills and advise on the formalities required for validity and on the extent to which property subject to customary law may be disposed of by will. We advise executors on their duties and on the steps required before a grant is applied for.
We prepare and lodge applications for probate and for letters of administration, including the inventory, the supporting forms and the bond where sureties are required, and we deal with the Probate Registry through to the issue of the grant. We advise on which succession regime governs a particular estate, and we act in contentious probate and in disputes between beneficiaries, including where the applicable custom is in issue.
Questions
Questions clients commonly ask
What are letters of administration and when are they needed?
Letters of administration are the grant issued by the court authorising named persons to administer the estate of someone who died without a valid will. Until a grant is made, no one has authority to deal with the estate, which is why banks and registries will not release assets without one.
How long does a grant take?
It varies with the size and complexity of the estate, whether the entitlement is disputed, and the pace of the Probate Registry. It is not a matter on which a reliable general estimate can be given, and any specific timeframe should be treated with caution.
Can a will be challenged?
Yes, on grounds including that the testator lacked capacity when it was made, that it was procured by undue influence, or that the formalities required for a valid will were not observed. A challenge is dealt with by the court in contentious proceedings.
Do daughters inherit under customary law?
Customary law is not applied where it is repugnant to natural justice, equity and good conscience, and Nigerian courts have applied that principle to customs excluding female children from inheritance. The constitutional prohibition on discrimination is also engaged. The position in any particular estate depends on the custom asserted and the facts.
The family cannot agree who should apply. What happens?
Where those entitled cannot agree, the dispute is resolved by the High Court, and the grant awaits the outcome. It is usually worth exploring whether agreement can be reached first, because contested applications are slower and more expensive for the estate itself.
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