The loss of a loved one is a deeply heartbreaking event, and in Nigeria, the situation is often more complicated by disputes over the deceased’s estate. Probate and the administration of estates, especially where there is no valid Will, are common sources of legal conflict. With Nigeria’s diverse cultural, religious, and legal systems, including customary law, Islamic law, and statutory law, the management and distribution of estates can become complex and contentious.
This article explores the legal framework governing probate and administration of estates in Nigeria, identifies common causes of disputes, and offers practical strategies for preventing and resolving conflicts.
What is an Estate, Probate, and Administration of Estates?
An Estate is the economic valuation of all the investments, assets, and interests of an individual. The estate includes a person’s belongings, physical and intangible assets, land and real estate, investments, collectibles, and furnishings.
Probate is the legal process of administering the estate of a deceased person, which includes proving the validity of the will (if one exists), managing the deceased’s assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries. It’s essentially the court-supervised process of settling a person’s affairs after their death or simply put, when a person dies testate (i.e., leaves a valid Will), the process of administering their estate is known as probate. However, if a person dies intestate (without a Will), the process is known as letters of administration, where the court appoints administrators to manage and distribute the estate according to the applicable laws.
Legal Framework for Probate and Estate Administration in Nigeria
Nigeria operates a plural legal system, comprising:
a. Statutory Law
Under the Administration of Estates Law (which varies across states) and the Wills Act 1837 (as applicable in Nigeria), statutory law governs probate processes when a person dies testate (with a Will) or intestate (without a Will).
If a valid Will exists, executors must apply for a Grant of Probate under the relevant High Court (Civil Procedure) Rules. In the case of Egbunike v. Muonweokwu (1962) 1 All NLR 46, the duty of executors to obtain probate before administering an estate was affirmed.
Administration of a Deceased’s estate (Provided the deceased died with a Will)
1. Locate and Verify the Will.
2. Application for a grant of probate by the named executors.
3. Publication of Notice: Payment of estate duties or taxes (if applicable).
4. Resolution of Objections (if any)
5. Grant of Probate
6. Administration of the Estate and Payment of estate duties or taxes (if applicable).
Administration of a Deceased’s Estate (Without a Will)
1. Application for Letters of Administration by next-of-kin.
2. Submission of sureties and estate valuation.
3. Payment of prescribed fees.
4. The court issues the Letters, authorizing administrators to act.
5. Distribution of the estate according to statutory laws or customary rules.
In intestacy, family members or interested parties may apply for Letters of Administration under the Administration of Estates Law, Cap. A3, Laws of Lagos State 2015(or its equivalent in other states).
b. Customary Law
Customary law applies when the deceased was governed by traditional customs during their lifetime. Inheritance practices differ across ethnic groups and often follow patrilineal succession, potentially excluding female heirs and widows. In the case of Nezianya v. Okagbue (1963) 1 All NLR 352, the court recognized a widow’s right to remain in her matrimonial home but clarified she had no inheritance rights under Onitsha customary law.
c. Islamic (Sharia) Law
In states that recognize Sharia law (mostly in Northern Nigeria), Islamic inheritance rules are applied, based on the Qur’an and the Maliki School of Jurisprudence. The Sharia Court of Appeal in relevant states has jurisdiction over matters involving Muslims regarding inheritance and estate distribution. Section 277 of the 1999 Constitution (as amended) grants the Sharia Court jurisdiction over Islamic personal law matters, including inheritance.
Causes of Estate Disputes in Nigeria
Estate disputes can become fiercely contentious, especially in Nigeria, and lead to litigation or even violence. Some of the common causes include:
1. Disputed Wills: Allegations of forgery, undue influence, or lack of testamentary capacity.
2. Intestacy: Multiple claimants to estate assets due to polygamous families or conflicting customary practices.
3. Unclear or unregistered Wills
4. Exclusion of legitimate heirs
5. Disagreements among executors or administrators
6. Mishandling or misappropriation of estate assets
7. Claims by children from extramarital or unrecognized relationships
8. Legal and Cultural Complexities: Nigeria’s tripartite legal system (statutory, customary, and Islamic laws) often leads to jurisdictional and interpretational confusion. For instance, under customary law, the eldest son may be seen as the “head” of the estate, with broad powers. Islamic law prescribes fixed shares for heirs (Faraid) and does not recognize Wills that violate those shares. Statutory law (e.g., the Administration of Estates Law of Lagos) takes precedence in civil courts and emphasizes equality and fairness among legitimate beneficiaries.
Strategies for Avoiding Estate Disputes
To minimize the likelihood of conflict, the following preventive steps are critical:
1. Encourage the writing of a clear and valid Will:
A properly drafted and witnessed will eliminate most ambiguities.
2. Use of Legal Professionals:
Lawyers should be involved in drafting Wills and advising on estate structure. Section 9 of the Wills Act 1837 (as applicable) stipulates that a Will must be executed with due formality, and legal guidance helps avoid errors that can invalidate the document.
3. Family Dialogue and Estate Planning:
Open communication about intentions can prevent surprises and misunderstandings. Involving family in estate planning can reduce future conflicts.
4. Family Mediation & ADR
Using Alternative Dispute Resolution (ADR) mechanisms such as mediation or arbitration can help families settle disputes outside court.
5. Appointment of Competent Executors or Trustees:
Choose trustworthy and competent individuals or institutions as executors or trustees, especially where the estate is large or complex.
6. Record keeping and updating;
Regularly update Wills and asset inventories to reflect current realities, including new assets, relationships, or legal obligations.
7. Litigation as a Last Resort:
Courts can intervene to ensure fairness when all else fails. However, litigation should be seen as a final step due to its cost and emotional toll.
Dispute Resolution Mechanisms
When disputes do arise, there are both formal and informal mechanisms to resolve them:
1. Mediation and Alternative Dispute Resolution (ADR).
Courts and private practitioners often recommend mediation to preserve family relationships. ADR is cost-effective and confidential.
2. Probate Litigation
Where resolution fails, affected parties may seek redress in court. Common suits include:
· Caveats (to stop the issuance of probate)
· Actions to set aside a Will
· Claims of fraud or undue influence
· Applications for the removal of executors/administrators
Conclusion
Probate and administration of estates in Nigeria is a critical but sensitive area of law. The interplay of emotions, culture, law, and family history makes estate disputes particularly challenging. However, with proper planning, legal guidance, and the use of dispute resolution mechanisms, conflicts can be avoided or resolved efficiently.
Nigerians are encouraged to take proactive steps by making valid Wills, involving legal professionals, and embracing transparency to ensure that the distribution of assets after death is smooth, just, and peaceful.
References
Administration of Estates Law of Lagos State, Cap A3, Laws of Lagos State 2015.
Wills Law of Lagos State, Cap W2, Laws of Lagos State 2015.
High Court of Lagos State (Civil Procedure) Rules 2019, Order 63.
Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 36, 275–279.
Ekemini v. Nkereuwem (2019) LPELR-46539(CA).
Sagay, I.E. – “Nigerian Law of Succession” (2nd ed.).
Malemi, Ese – “The Nigerian Legal System.”
Adewumi, A.. – “Probate Practice in Nigeria.”
Written by Oluwasileola Akinsete for The Trusted Advisors
Email us: info@trustedadvisorslaw.com