This is a guide on the grant of probate in Nigeria which entails how to claim the money in the bank as well as the movable and immovable assets of a deceased person who died testate (即. leaving a valid Last Will).

GRANT OF PROBATE IN NIGERIA: HOW TO CLAIM THE MONEY AND PROPERTIES OF A DEAD PERSON (2)

This is a guide on the grant of probate in Nigeria which entails how to claim the money in the bank as well as the movable and immovable assets of a deceased person who died testate (即. leaving a valid Last Will).

一定要閱讀: 有關寫有效遺囑的常見問題

寫遺囑: 關於立遺囑的常見問題 (3)

What’s Important to Note About Testate Succession?

When a testator (威尔嘅製造者) dies, his entire estate is automatically vested in the Chief Judge of the State. Until probate is granted by the Probate Court, the executors (persons appointed by the testator to carry out his instructions as contained in the Will) cannot interfere with the estate of the testator, 否則, they may face civil and criminal liabilities. Probate is the process of obtaining a legal document called Grant of Probate to administer the estate of a person who died leaving a Last Will lodged at the Probate Registry. Where the deceased appointed you as his Executor in his Last Will, you should seek to obtain a Grant of Probate.

How long does it take to be Granted Letter of Probate? When Can You Be Granted a Letter of Probate?

Grant of Probate may be issued after seven days of the death of the testator.

Who Is Entitled to Grant of Probate over the Testators Estate?

The following is the order of priority of right to grant of probate in testate succession (即. where testator Will is annexed):
  1. 執行者;
  2. 任何為任何其他人信託嘅被托托嘅被托仲嘅被寄託嘅過腳 (噉係, 其遺產受信托);
  3. 任何終身的生還者或設計者;
  4. 最終嘅寄生遺產或設計者, 包括一個有權發生任何意外;
  5. 任何特定的債權人或設計人或債權人或其個人代表;
  6. 任何特定遺產或設計有權對任何意外事件的發生, 或近親.

How Is Probate Granted?

When the testator dies, and his Will is discovered at the Probate Registry, you need to consult a Solicitor who will make a formal application to notify the Probate Registrar of the discovery of the Will. A date will be fixed for the reading of the Will. 此後, the Solicitor will make a fresh application either by Common Form or Solemn Form for the grant of Probate on your behalf.

When Should Application for Grant of Probate Be Brought by Common Form?

Application may be brought by Common Form in non-contentious cases where no caveat is likely to be entered by any interested party to protest the granting of probate to you or the other applicants. This indicates that all parties are satisfied that the Will is a true reflection of the wishes of the testator. Relevant documents will be filed at the registry. The payment of the prescribed fees will be made after an assessment of the estate conducted by the Probate Registrar and the executors. Upon satisfaction with the requirements, the Probate Registrar shall grant probate to the executor(s) with the Will attached to the probate.

When Should Application for Grant of Probate Be Brought by Solemn Form?

An application may be brought by Solemn Form in contentious cases where a caveat has been entered by an interested party (Caveator) to protest or oppose the granting of probate to you or the executor(s) named in the Will. This indicates that there is a dispute regarding what document(s) should be admitted to probate; or dispute as to who is entitled take out a grant of probate; or dispute as to whether a grant should be revoked. Your Solicitor shall issue a Warning to the Caveator(s) and a writ for the Probate Court to determine the merit or otherwise of the caveat for the purpose of granting or refusing the Grant of Probate.

讀: 如何控制死者嘅遺產

行政信函: 如何控制死者嘅遺產 (1) – 尼日利亞獲得行政信函的程序

What Documents Are Required for the Grant of Probate?

You will have to give details of the identity of the testator by stating his name, date of birth, 地址, profession, marital status, names of spouse and children; the date and place of the death of the testator; name of executors, 如果有嘅話, in the Will. You will present the originals of the following documents to your Solicitor:
  • Death Certificate of the testator
  • Passport photographs and valid means of identification of the applicants and witnesses to the Will.
Your Solicitor will procure the following documents and file same at the Probate Registry:
  1. Application Letter
  2. Oath of Administration by Executors
  3. 管理債券
  4. Statutory Affidavit of the attesting witnesses of the Will
  5. Inventory of moveable and immovable assets of the testator
  6. 死者所欠債務表
  7. Oath or Justification of sureties
  8. Particulars of freehold/leasehold property left by the testator.
  9. 死者喪葬使費表
  10. 銀行或股票證書 (顯示死者銀行賬戶的餘額(s) 或公司持股, 分別)
Upon compliance with the conditions precedent for the grant of probate; dismissal of the caveat (如果有嘅話) and the payment of the prescribed fees, the Probate Registrar shall grant probate to the applicant.

跟住要做咩?

Grant of Probate confirms your authority as the executor or co-executor of the testator’s estate. 因此, even where you are one of the named executors in the testator’s will, it is not automatic for you and the co-executors to tamper with the estate of the deceased in any manner. It is illegal to do so and you may be liable for prosecution for both civil and criminal charges. No part of the estate should be tampered with or distributed until the Grant of Probate is issued through an Order of the Chief Judge of the State who is the head of the Probate Court.
Obtaining the Grant of Probate is, 然而, a very rigorous process, fraught with procedural and technical complexities. It is important you seek legal guidance and help from a specialist Solicitor who will assist you to apply and obtain probate with ease, 缺乏與進程相關嘅問題同挫折. 開始處理此事項和其他相關事宜, request an in-office consultation at 08187019206, 08039795959 | 電子郵件: edoabasi.udo@lexartifexllp.com | 網站: www.lexartifexllp.com.

一定要閱讀: 關於繼承嘅常見問題, 退休, 遺囑認證, 同地產規劃

房地產規劃: 退休常見問題解答, 遺囑認證, 同繼承法 (1)

EDOABASI UDO 係一個大狀, lex artifex 律師和顧問, LLP.
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