Order 10 — Entitlements of Deceased Employee (testate)
Rule 1 Filing fees for process relating to deceased employee.
Filing of any process related to or connected with outstanding salary, gratuity, pension, benefits, or any other entitlement of a deceased employee in any of the Registries of the Court shall attract twenty-five (25%) percent only of the stipulated filing fees.
Rule 2 Action for and on behalf of testate employee.
Where a case involves the entitlements or benefits of a deceased employee who died testate, the Claimant shall in addition to any other document, attach the Will of the deceased person, the Probate Grant from the appropriate Probate Registry of a High Court and proof of appointment of executors of the Will.
Rule 3 Compliance with Rule 2.
Any action filed before the Court concerning the entitlement of a deceased person who died testate which does not comply with Rule 2 of this Order shall not be entertained by the Court.
Rule 4 Presumption of authenticity of Will.
The Will, the Probate Grant and proof of appointment as executors shall be presumed to be true and authentic, unless the contrary is proved.
Rule 5 Handling of conflicting Wills, probate grant.
Where there are conflicting Wills, Probate Grant and contradictory proof of appointment as executors, the authenticity or otherwise of the conflicting documents shall be resolved by the Probate Registry of the High Court in which the documents were obtained and not by the National Industrial Court of Nigeria.