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19/06/2023

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Justice.....🤔
08/09/2022

Justice.....🤔

Please share and join at 6pm... It promises to be quite revealing
19/08/2022

Please share and join at 6pm... It promises to be quite revealing

Grant of Probate: Necessary Documents and FAQsThe probate process is essential before the wishes of a testator can be ca...
29/04/2022

Grant of Probate: Necessary Documents and FAQs
The probate process is essential before the wishes of a testator can be carried out. The executors will need to apply to the Probate Registry of the High Court of their state. If you'll be going to the Probate Registry by yourself, keep reading to know what to do!
When applying for probate, the following documents must accompany your application;
a. Application letter for grant of probate
b. A copy of the will
c. The death certificate of the testator
d. The proof of identity of the applicant (s) and proof of identity of the deceased/testator. You may choose a driver's license, an international passport, or a national identity card.
e. An affidavit that states the place and date of the death of the testator and the place where the testator was domiciled.

Once you have all these documents, and you are an executor to the will, you may go ahead to apply for probate.

Frequently Asked Questions
What happens if the testator is domiciled and died outside Nigeria?
* The executors named in the will are entitled to probate except the court makes a contrary order that probate is granted to other categories of people.

Who is to deliver the testamentary document?
* Any person who has custody of a testamentary document of a deceased must deliver a copy to the probate registry within 3 months.

What happens if the executor refuses to go to the Probate Registry?
* The person shall be liable to pay a fine of N50,000.

Now that you know that a will has to go through the probate process before being executed, how do you go about this? Do ...
27/04/2022

Now that you know that a will has to go through the probate process before being executed, how do you go about this? Do you have a deceased relative that left a will? This article will show you the needed steps to take in obtaining probate. Keep reading to know-how!

Steps

1. You make an application to the Probate Registrar. You must have an interest in the estate of the deceased before you’re qualified to do so.

2. You may apply personally or through a legal practitioner.

3. Your application must be made to the Probate Registry of the High Court of the state of the deceased.

When to apply for Probate

The Probate Registrar shall not entertain any application until after the expiration of 7 days from the date of death of the deceased. In simple terms, you cannot apply for probate within the first seven days after the death of the deceased.

Who can apply for probate?

Only the executor validly appointed under the will can apply for probate. If you aren’t a named executor in the will, you can apply for a letter of administration instead.

Did you know that it is illegal to deal with the estate of a deceased without applying for probate? Even if you are an executor named in the will, you’ll be an executor or intermeddler in the wrong. Visit the High Court of your state today to know what to do.

You have a will. Or maybe any of your parents left a will. But, is that all? No. A mistake people make is to think that ...
25/04/2022

You have a will. Or maybe any of your parents left a will. But, is that all? No. A mistake people make is to think that writing a will is all that there is to a will. No. There’s a whole process called probate before a will can be validly executed. Is there hope for those that died without a will? Keep reading to know more!
Before we go on, you should understand the distinction between probate and letter of administration.

a. Probate: This is obtained where a deceased dies testate. Thus, the deceased had a valid will

b. Letter of administration: A person obtains this in respect to intestate succession. Thus, the deceased didn’t leave a will. Other times, a deceased had a will but failed to include executors to the will.

A rule of thumb is to note that the court can grant a letter of administration for a testate succession, but probate cannot be obtained for intestate succession.

Why is probate necessary if there’s an executor?

Though an executor derives his powers and authority from a will, probate is the authority that validates such powers. Let’s put it that the probate process confirms the authority the executor already has.

Similarities between an executor and administrator

a. Both an executor and administrator are personal representatives.

Differences

a. A testator appoints an executor while the court appoints an administrator

b. Probate confirms the authority of an executor while a letter of administration confers authority on an administrator.

In conclusion, the probate process is essential to prove a will.

A will is a document that shows how a testator wants his assets to be distributed upon death. Before a will can be valid...
22/04/2022

A will is a document that shows how a testator wants his assets to be distributed upon death. Before a will can be valid, witnesses must exist. In this article, we’ll highlight the necessary facts to consider before deciding whom will witness to your will. Let’s get to it!

Factors to consider
a. A person of good health
You wouldn’t want to appoint a sick person as witness to your will. Also, the law places restriction on some categories of people. For example, you cannot appoint a blind person to witness to your will.

b. Witness must not be a beneficiary or the spouse of the beneficiary
Under Section 15 of the Wills Act, a beneficiary that attests to a will will lose his benefit. Although some exceptions apply, it is best you keep

c. Age of the witness
We advise that you choose persons younger than you are when writing a will. Do not choose older persons because they may die before you do. However, an infant can attest to a will if there is more than one adult witness.

d. Credibility
Whoever you’ll be appointing as witnesses must be trustworthy and reliable. This doesn’t have legal implications but only of a moral nature.

e. Persons likely to be available to give evidence in court
The person must be readily available in court. This is because if disputes arise concerning the will, witnesses will give evidence in court.

Now that you know the factors to consider, it’s time to think of whom you’ll appoint as witnesses.

Probate: Definition of Common TermsSo you know what a will means. But you find some words like citation, executor, and p...
20/04/2022

Probate: Definition of Common Terms
So you know what a will means. But you find some words like citation, executor, and personal representative in a legal article and you wonder what these mean. Well, you’re in luck today. In this article, we define the common terms you’ll come across in the field of wills and probates. Keep reading!
Common terms in Probate
Caveat
An objection brought to the Probate Registry regarding the grant of probate or letters of administration.
Caveator
A person who objects to the grant of probate or letters of administration. It is either he wants to ensure that no grant is made to a person or the grant mustn’t be issued without his notice.
Citation
This is a notice of warning. A person called the citor directs another person to do the needful. Here are instances where a citation is used
a. To notify an executor to prove a will and apply for probate.
b. To warn a personal representative to accept or reject probate or administration

Estate
Your estate is essentially everything you own, property, insurance, stocks, shares, pensions, and belongings make up an estate. It excludes the debts you owe.
Personal representative
This is a person upon whom the estate of a deceased is vested. It includes the executors appointed by a testator or by representation or administrators.
The propounder of a will
This person wants probate to be granted. As you can guess, this person has an interest in the will and may also be executors of the will.

Now, probates will not sound like Greek to you anymore.

ProbateIf you’re familiar with wills, probate isn’t going to be a strange word. What does probate mean? We’ll find out t...
18/04/2022

Probate
If you’re familiar with wills, probate isn’t going to be a strange word. What does probate mean? We’ll find out the meaning, and the procedure for obtaining probate letters in Nigeria, in this series.

Meaning
Probate is the process that is involved in the grant of probate and letter of administration. This process commences upon the death of a testator or a person that dies without a will. How will the estate of a deceased be administered? What happens if there are contentions regarding a will? Who determines the person to manage the estate of the deceased? Think of Probate processes as the answer to these questions.

Types of grants in respect to a deceased’s estate

a. Probate
This is granted to the executors a testator appoints in his/her will. An executor is a person that carries out the wishes of a testator as stated in a will.

b. A simple letter of administration without a will attached
This is granted where the deceased dies intestate i.e. without a will. The court grants this to a next-of-kin or personal representative.

c. A letter of administration with a will attached
In some instances, the deceased has a valid will but the named executors are unwilling to act. In this case, a letter of administration with a will attached is granted. It is also possible that the testator didn’t appoint executors in such a will.
These are the grants available upon the death of a person. In the next part of this article, we'll consider some popular terms regarding probates.

If you’re familiar with wills, probate isn’t going to be a strange word. What does probate mean? We’ll find out the mean...
18/04/2022

If you’re familiar with wills, probate isn’t going to be a strange word. What does probate mean? We’ll find out the meaning, and the procedure for obtaining probate letters in Nigeria, in this series.
Meaning
Probate is the process that is involved in the grant of probate and letter of administration. This process commences upon the death of a testator or a person that dies without a will. How will the estate of a deceased be administered? What happens if there are contentions regarding a will? Who determines the person to manage the estate of the deceased? Think of Probate processes as the answer to these questions.
Types of grants in respect to a deceased’s estate
Probate
This is granted to the executors a testator appoints in his/her will. An executor is a person that carries out the wishes of a testator as stated in a will.
A simple letter of administration without a will attached
This is granted where the deceased dies intestate i.e. without a will. The court grants this to a next-of-kin or personal representative.
A letter of administration with a will attached
In some instances, the deceased has a valid will but the named executors are unwilling to act. In this case, a letter of administration with a will attached is granted. It is also possible that the testator didn’t appoint executors in such a will.
These are the grants available upon the death of a person. In the next part of this article, we'll consider some popular terms regarding probates.

A letter is a written document that establishes the authority to act in a particular course of action. Letters issued by...
15/04/2022

A letter is a written document that establishes the authority to act in a particular course of action. Letters issued by the court vary as the circumstances warrant. Let’s discuss some of these letters.
Letter of Administration
This is a written document that gives authority to a person called executor, by a probate court to grant the person access to the deceased’s funds and properties.
Letters are usually dependent on whether the deceased died testate (with a valid will) or intestate (without a valid will). Where the deceased died testate, the executor to the will is already named, and the letter issued by the court validates the authority.
Where the deceased died intestate, the court appoints an administrator for the deceased's estate. The letter of administration vests another person to then act as a personal representative for the deceased's estate.
Letter of Guardianship
This is granted in the event of death or absence of the parents of a child. It may also be that such parents are incapable of raising such a child. Such intended guardians must apply to the High court and Magistrate courts of the state, which are designated as Family Courts.
Legal guardianship can come to an end when the child attains 18 years of age.
It’s best to seek legal advice when you require a letter from the court to whatever circumstance you’re in.

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