In our penultimate series, we enumerated the details of persons or institutions entitled to obtain ‘Grants’ and the factors that determine whether a Grant would be contentious or otherwise. We identified that for many Estates where the owners died intestate or without naming Executors in their respective Wills, a pertinent challenge that typically arises, lies with identifying the persons or institutions entitled to administer such Estates. We concluded that FBN Trustees is able and ready to support with navigating such processes related to Inheritance management.

 

Today’s article is aimed at identifying the individuals entitled to Letter of Administration with a view to shedding light on the key considerations to bear in mind when seeking formal authority to administer the Estate of an individual that passed on intestate.

 

One key advantage of developing a Will is that personal representatives may be appointed therein. The rule of intestacy gives no room for such representatives. The general principle in that wise, is that the Court possesses the discretionary power to grant Administration taking cognisance of the rights of all parties with vested interest in the Estate, versus the materials placed before the Court.

 

Do note, however, that regardless of the materials placed before the Court, once there is no interest, it becomes an exercise in futility. This is because the provisions of the applicable laws have established that interest is a question in law. By implication, the law has already set out persons who may be granted right of administration of an intestate Estate.

 

The Administration of Estates Law of various jurisdictions provide guidance on the order of priority of persons who are entitled to be granted Letter of Right of Administration. The entitled persons are regarded as next-of-kin to the deceased and this is the extent of legal relevance of the concept of next-of-kin.

 

The choice among several next-of-kin follows certain laid down rules and preferences. For instance, lineal descendants rank before lineal ascendants, and the whole blood before half-blood. Where the next-of-kin are of equal ranking and their interest is almost equal, the Court has the power to accept one or more of them subject to suitability.

 

These persons are:

1. Spouse of the Deceased
2. Children of the Deceased or the surviving issue of a child who died in the lifetime of the Deceased
3. Parent(s) of the Deceased
4. Siblings of the Deceased of full blood and the children of such siblings who died in the lifetime of the Deceased.
5. Siblings of half-blood of the Deceased or the children of any such half brother or sister who died in the lifetime of the Deceased.
6. Grandparent(s) of the Deceased.
7. Uncles and/or aunts of the Deceased of full blood or their children.
8. Creditors of the Deceased
9. Administrator General (where all the preceding fail).

 

Interpreting the above, the Court often holds that “the surviving spouse and children of the Deceased person take priority and hold exclusive rights to the Estate of the Deceased”.

 

For further elucidation and counselling regarding this subject, please reach out to any of the experts at FBN Trustees and we’ll be happy to provide the needed support.

 

Contact us today to request a consultation with an FBN Trustees expert. Call, text or send a WhatsApp message to +234 (0) 805 4000 299, or email to [email protected] to request a consultation with one of our experts. Connect with us on Twitter – @fbnquest, on Facebook or LinkedIn at fbnquest.

 

Also tune in to the Legacy Series radio show on Classic 97.3 FM Lagos by 7pm on Mondays or Cool 96.9FM Abuja by 8.30am on Tuesdays for more insights on Trusts, Wills, Executorship and Estate Administration.

 

Visit http://ift.tt/2phu0N3 for more information.

 

Contact Details

FBN Trustees Limited RC 29763

10, 16 – 18 Ke­ffi Street, Off Awolowo Road, SW Ikoyi, Lagos, Nigeria.

Tel +234 (1) 2798300, + 234 (0) 708 065 3100

 

A part of the FBN Holdings Group