Order 55 — Probate and Administration in General

(1) Where any person subject to the jurisdiction of the Court dies, all applications for the grant of any Letters of Administration of the estate of the deceased person, with or without a Will attached, and all applications on other matters connected therewith shall be made to the Probate Registrar of the Court as in Probate Forms 1 and 2 as applicable.

(2) Except in exceptional circumstances and with leave of the Court no grant of administration with the Will annexed shall be issued within fourteen days of the death of the deceased; and no grant of administration without the Will annexed shall be issued within twenty-one days of such death.

(3) All applications with respect to Letters of Administration or grant of probate or letters of probate and all searches and other processes relating thereto may be made manually, or by electronic filing at such a time as the Chief Judge may designate.

(1) Where a person dies, and an application is made by a person interested in the estate of the deceased the Judge may, where circumstances so requires, make such Orders as may appear necessary for the interim preservation of the property of the deceased, for the discovery or preservation of the Will of the deceased or for any other purposes connected therewith.

(2) The Judge may, on the death of the person, when the circumstances of the case so require, appoint and authorise an officer of the Court, or any person as may be deemed appropriate, to take possession of the property of the deceased within his jurisdiction, or put such property under seal until it can be dealt with according to Law.

(3) The Judge may refuse to entertain any application under sub-rule (2) of this Rule if he considers that there has been unreasonable delay in making the application.

(1) A personal Applicant for a grant may:
(a) apply in person;
(b) not apply through an agent whether paid or unpaid; and
(c) not be represented by any person acting or appearing to act as his adviser.

(2) No personal application shall be received or proceeded with if:
(a) it becomes necessary to bring the matter before the Court by Motion or by Action;
(b) an application has already been made by Legal Practitioner on behalf of the Applicant and has not been withdrawn; or
(c) the Judge otherwise directs.

(3) After a Will has been deposited in the Registry by a Personal Applicant it may not be delivered to the Applicant or any other person unless the Judge so directs.

(4) A Personal Applicant shall:
(a) produce a Certificate of the Registration of Death of the deceased or such other evidence of the death as the Judge may approve; and
(b) supply all information necessary to facilitate preparation of appropriate documentation required for processing of the grant in the Registry or may by himself prepare such documents and lodge them unsworn.

(5) Unless the Judge otherwise directs, every Oath, Affidavit or Guarantee required in a personal application shall be sworn or executed by all deponents or sureties before an authorised Officer.

Every Legal Practitioner through whom an application for a grant is made shall give his telephone number, email address and address of his place of business within the jurisdiction of the Court.

(1) The Judge shall not allow any grant to issue until all enquiries which he may deem fit to make have been answered to his satisfaction.

(2) The Judge may require proof of identity of the Applicant beyond those contained in the Oath for the grant.

(1) Every application for a grant shall be supported by an affidavit in the form applicable to the circumstances of the case sworn by the Applicant and by such other documents as the Judge may require.

(2) Unless otherwise directed by the Judge, the Oath shall state where the deceased was domiciled at the time of death.

Where it is necessary to describe the deceased in a grant by some other name in addition to his true name, the Applicant shall state the true name of the deceased in the Oath and depose:
(a) that some part of the estate specified in the Oath was held in the other name; or
(b) to any other reason for the inclusion of the other name in the grant.

(1) The Judge may, where it appears or is desirable, require additional evidence in respect of:
(a) the identity of the deceased or of the Applicants;
(b) the relationship of the Applicants to the deceased;
(c) any person or persons in existence with a right equal or prior to that of the Applicant in respect of the grant of Probate or Administration sought by the Applicant; and
(d) any other matter which may be considered relevant by the Judge in determining whether the Applicant is the proper person to whom the Grant should be made.

(2) The Judge may refuse the grant where the Applicant fails or neglects to produce any evidence required in these Rules.

Where it appears to the Judge that any other person than the Applicant may have a right with the Applicant to the grant sought, the Judge may refuse the grant until due notice of the application has been given to such other person and an opportunity given for the person to be heard in respect of the application.

(1) Where the deceased was domiciled outside the State the Judge may order that a grant should issue:
(a) to the person entrusted with the Administration of the estate by the Court having jurisdiction at the place where the deceased was domiciled at the time of death; or
(b) to the person entitled to administer the estate by the law of the place where the deceased was domiciled at the time of death;
(c) where there is no such person as mentioned in sub-rule 1(a) or (b) of this Rule or in the opinion of the Judge the circumstances so require, to such person as the Judge may direct;
(d) where grant is required to be made to or the Judge in his discretion considers that a grant should be made to not less than two Administrators, to such person as the Judge may direct jointly with any of the persons mentioned in sub-rule 1 (a) or (b) of this Rule or with any other person.

(2) Where no Order has been made as stated in sub-rule 1 of this Rule, Probate of any Will which is admissible to proof may be granted where the Will:
(i) is in English or in an indigenous language to the Executor named in the Will;
(ii) describes the duties of a named person in terms sufficient to constitute him Executor according to the tenor of the Will, to that person.

(3) Probate may be granted where the whole of the estate in the State consists of immovable property in accordance with the law that would have been applicable if the deceased had died domiciled in the State but the grant shall be limited to such Estate.

(1) Where a person entitled to grant resides outside the State, a grant may be made to his lawful attorney until such person obtains a grant or in such other way as the Judge may direct: Provided that where the person so entitled is an Executor, administration shall not be granted to his Attorney without notice to the other Executors, if any.

(2) Where the Judge is satisfied by affidavit that it is desirable for a grant to be made to the lawful Attorney of a person entitled to a grant and resident in the State, he may direct the grant to be made to the Attorney for the use and benefit of such person until he obtains a grant or in such other ways as the Judge may direct.

(1) Where the person entitled to a grant is a minor, a grant for his use and benefit until he attains the age of eighteen shall, subject to sub-rules 3 and 5 of this Rule be granted:
(a) to both parents of the minor jointly or to any guardian appointed by a Judge; or
(b) where there is no such guardian able and willing to act and the minor has attained the age of sixteen years, to kin nominated by the minor.

(2) A person nominated under sub-rule 1 of this Rule may represent any other minor below the age of sixteen years who is related to him and entitled in the same degree as the minor who made the nomination.

(3) Notwithstanding anything in this Rule, administration may be granted for the use and benefit of the minor until he attains the age of eighteen years to any person assigned under sub-rule 1 of this Rule upon application by the intended guardian who shall file an affidavit in support of the application and, if required by the Court, an affidavit of fitness sworn by a responsible person.

(4) Where grant is required to be made to not less than two persons but there is only one person competent and willing to take a grant under the above provisions of this Rule, a grant may be made to such person jointly with any other person nominated by him as a fit and proper person to take the grant unless the Judge otherwise directs.

(5) Where a minor who is a sole Executor has no interest in the residuary estate of the deceased, Administration with the Will attached for the use and benefit of the minor until he attains the age of eighteen years shall, unless the Judge otherwise directs, be granted to the person entitled in the residuary estate.

(6) Subject to the direction or Order of the Judge, the right of a minor to a grant of administration may be renounced solely by a person assigned as a guardian under sub-rule 3 of this Rule.

(1) Where one of several Executors is a minor, Probate may be granted to an adult Executor with power reserved for making the grant to the minor on attaining the age of eighteen years and administration for the use and benefit of the minor until he attained the age of eighteen years may be granted under Rule 12 of this Order, if the adult Executors renounce or, on being cited to accept or refuse a grant, fails to accept the grant.

(2) The right of a minor to Probate on attaining the age of eighteen years shall not be renounced by any person on his behalf.

(1) Where the Judge is satisfied that a person entitled to a grant is by reason of mental or physical infirmity incapable of managing his affairs, a grant for his use and benefits, during his incapacity may be made:
(a) in the case of mental incapacity to the person authorised by the Judge to apply for the grant;
(b) where there is no person so authorised or in the case of physical incapacity:
(i) if the person incapable is entitled as Executor and has no interest in the residuary estate of the deceased, to the person entitled in such residuary Estate;
(ii) where the person incapable is entitled otherwise than as Executor or is an Executor having an interest in the residuary estate of the deceased, to the person who would be entitled to a grant in respect of this estate if he had died intestate or to such other person as the Judge may by Order otherwise direct.

(2) Unless the Judge otherwise directs, no grant shall be made under this Rule unless all persons entitled in the same degree as the person incapable have been considered and excluded.

(3) Where legal disability arises out of unsoundness of mind or insanity, notice of the application for a grant under this Rule shall, unless the Judge otherwise directs, be given to the guardian of such person entitled to the grant.

(4) Where there is physical disability, notice of the application for a grant under these Rules shall, unless the Judge otherwise directs, be given to the person alleged to be incapable.

Where the State is or may be beneficially interested in the estate of a deceased person, notice of the application for a grant shall be given by the Applicant to the Attorney General of Akwa Ibom State and the Judge may direct that no grant shall issue within a specified time after the notice has been given.

(1) A person who has been granted Probate or Letters of Administration and/or appointed as Administrator by the Judge shall file the account of his administration in Court annually from the date of the grant or appointment until the completion of the administration.

(2) An Executor or Administrator who fails to file his account within the prescribed period shall be liable to a penalty of not less than three hundred thousand naira for every year of default, failing which a fine for non-payment shall be enforceable by distress or confinement for a term not exceeding twelve months where distress is insufficient.

(3) Where an account is filed in Court under this Rule, and if it appears to the Judge that the account by reason of improper, unvouched or unjustifiable entries or for other reason, it is not full and proper account, the Judge shall require the person filing the account to remedy such defects within such time as the Judge may deem reasonable.

(4) Failure to remedy the defect within the time prescribed by the person referred to under sub-rule (1) of this Order shall be deemed to have failed to file an account within the meaning of this Rule and proceedings may be taken against such person.

(5) The Registrar shall notify the Judge that an Executor or Administrator has failed to file his account as required by this Rule.

(6) The Judge may upon the application by a party interested summon any Executor or Administrator to show cause why he should not be sanctioned for failure to file his account as required by this Rule.

(7) The Judge may for good cause shown extend the time for filing such account.

(8) An Executor or Administrator who fails to file his account after being granted an extension of time is liable to the penalty set out in sub-rule 2 of this Rule above and the procedure for bringing him before the Court shall be as set out in sub-rule 5 of this Rule.

(9) The account shall be open to the inspection of any person who satisfies the Registrar that he is interested in the administration of the estate.

(10) In this Rule, the word “account” shall mean and include any inventory and account of the administration, the vouchers in the hand of the Executor or Administrator relating thereto and an affidavit in verification.

Where any person other than the named Executor or Administrator or an officer of the Court or person authorised by the Judge takes possession of or administers or otherwise deals with the property of any deceased person, he shall, besides the other liabilities he may incur, be liable to a fine of not less than five hundred thousand naira as the Judge having regard to the condition of the person so interfering with the property and the other circumstances of the case may deem fit to impose.

Where evidence of a foreign law is required in respect of an application for a grant, the Judge may accept an affidavit from any person who, having regard to the particulars of his knowledge or experience given in the affidavit, may be regarded as suitably qualified to give expert evidence of the law in question.

(1) Where a Judge is satisfied that a grant should be amended or revoked, he may make an Order upon the application by or with the consent of the person to whom the grant was made.

(2) The Judge may in special circumstances upon an application by any person interested in the estate on notice to whom the grant was made make an Order to amend or revoke the grant.