Order 64 — Proceedings in Probate and Administration Actions

Suits for probate/administration shall be instituted and carried on, subject to the Rules of procedure in ordinary civil claims.

The Registrar may, on being satisfied that the condition of a bond has been broken, assign it to some person and that person may then sue on the bond in his own name, as if it had been originally given to him instead of the Registrar and may recover thereon, as trustee for persons interested, the full amount recoverable in respect of any breach of the bond.

A person claiming to be a creditor or legatee, or the next of kin, or one of the next of kins of a deceased, may apply for and obtain a summons from Court requiring the executor or administrator, of the deceased to attend before the Court and show cause why an order for the administration of the property of deceased should not be made.

(1) On proof of service of the summons or on appearance of the executor or administrator and on proof of all such other things as the Court may direct, a Court may, make an order for the administration of the property of the deceased.

(2) A Court may make or refuse the order, or give any special directions respecting the carriage or execution of it, and in the case of applications for the order by two or more different persons or classes of persons, may grant it to such one or more of the persons, as it deems fit.

(3) Where a Court deems fit, the carriage or execution of the order may subsequently be given to such person and on terms.

(4) On making of an order, or at any time afterwards, a Court may, if it deems fit, make any other order which appears requisite to secure the proper collection, recovery for safe-keeping and disposal of the property or any part of it.

(1) In case of intestacy, where the special circumstances of the case appear to the Court so to require, a Court may, if it deems fit, on the application of any person having interest in the estate of the deceased or of its own motion, grant letters of administration to an officer of the Court, to a consular officer or to a person in the service of the Government.

(2) The officer or person so appointed shall act under the direction of the Court and shall be indemnified.

(3) A Court shall require and compel him to file in the Court the accounts of his administration of the estate at intervals not exceeding three months.

Where a person died intestate as to his personal estate or leaving a Will affecting personal estate, but without having appointed an executor willing and competent to take probate, or where the executor, at the time of the death of that person, is resident out of the jurisdiction, a Court, where it appears necessary or convenient may appoint some person to be the administrator of the personal estate of the deceased upon his giving security, if any, as the Court shall direct, and every such administration may be limited as the Court deems fit.

(1) A Court may direct that any administrator (with or without the Will annexed) shall receive out of the personal and real estate of the deceased such reasonable remuneration as it deems fit, a sum not less than 5% of the amount of the realized property or when not converted into money, on the value of the property duly administered and accounted for by him.

(2) Where a Court is satisfied that by reason of exceptional circumstances the administration of the property has required an extraordinary amount of labour to be bestowed on it, the Court may allow for that property higher rate of remuneration as it deems fit.

An application for an order for a grant of special administration where a personal representative is residing outside Kaduna State, shall be made to a Court on motion.

(1) A person aggrieved by any decision or requirement imposed by a Registrar may by way of summons file an action in Court.

(2) Where in an appeal under sub-rule (1) any person besides the appellant appeared or was represented before a Registrar from whose decision or requirement the appeal is brought, the summons shall be served on that person.

(1) A judge or Registrar may direct that a notice of motion or summons for the service of which no other provision is made in this Order shall be served on such person or persons.

(2) Where by the provisions of this Order or by a direction given under sub-rule (1) of this Rule, a notice of motion or summons is required to be served on a person, it shall be served not less than 5 days before the hearing of the motion or summons.

(1) A notice to prohibit the issuance of a grant of probate or letter of administration (without or with a Will attached) may be filed in the Court.

(2) Where the order of caveat is granted by the Court, the applicant shall notify the Registrar.

(1) In this Order, and Orders 60, 61, 62, 63 and 64 “authorized officer” means an officer or a Registrar authorized by law to administer an oath or to take an affidavit required for any purpose connected with his duties;

“gross value” in relation to an estate means the value of the estate without deduction for debts, encumbrances, funeral expenses or estate duty;

“oath” means the oath required by this Order to be sworn by every applicant for grant;

“personal applicant” means a person other than a trust corporation who seeks to obtain a grant without employing a legal practitioner and “personal application” has a corresponding meaning;