Order 57

A Judge in granting Letters of Administration shall ascertain the:
(a) time and place of the deceased’s death; and
(b) value of the property to be covered by the administration.

An Applicant for a grant of Letters of Administration shall file full declaration of the personal property of the deceased and the value of such property in Court: Provided that for the purpose of the fees payable on the Letters of Administration, the value of the property in respect of which the grant is made shall be deemed not to include:
(a) any gratuity paid by the Government of the Federation of Nigeria or of a State to the estate of any person formerly employed by such Government or Statutory Corporation; and
(b) sum of money payable to an estate from a Provident or Pension Fund established under the provisions of any applicable law.

(1) The person to whom administration is granted shall give a bond and provide two or more responsible sureties acceptable to the Judge affirming that the Administrator shall duly collect, get in and administer the personal property of the deceased.

(2) The Judge may accept one surety only where the gross value of the estate does not exceed Five Million Naira or where a Corporation is proposed as a surety.

(3) The bond shall be in form of a penalty representing twice the monetary value of the estate of the deceased unless the Judge deems it fit or expedient to reduce the amount.

(4) The Judge may in any case direct that the Applicant provides additional bonds in order to limit the liability of any Administrator to such amount as the Court deems reasonable.

(1) The Judge shall not require a guarantee as a condition of making a grant:
(a) under Order 56:
(i) Rule 21, to a creditor or the personal representative of a creditor or to a person who has no immediate beneficial interest in the estate of the deceased but may have such an interest in the event of an accretion to the estate; and
(ii) Rule 22, to a person or some persons who would if the person beneficially entitled to the whole of the estate died intestate be entitled to his estate;
(b) under Order 55:
(i) Rule 11, to the attorney of a person entitled to a grant;
(ii) Rule 12, for the use and benefits of a minor; and
(iii) Rule 14, for the use and benefit of a person of mental or physical incapacity who is incapable of managing his affairs;
(c) to an Applicant who appears to the Judge to be resident elsewhere than in the State; or
(d) except where the Judge considers that there are special circumstances making it desirable to require a guarantee.

(2) Without prejudice to sub-rule 1 of this Rule, a guarantee shall not be required except in special circumstances where the Applicants or one of the Applicants is the Administrator General or a Trust Corporation.

(3) A guarantee entered into by a surety for the purpose of this Order shall be as in Probate Form 6 with such variation as circumstances may require.

(4) Except where the surety is a Corporation, the signature of the surety on the guarantee shall be attested by an authorised officer, Commissioner for Oaths or other person authorised by law to administer an Oath.

(5) Unless the Registrar otherwise directs:
(a) where a guarantee is required, it shall be given by two sureties except where the gross value of the estate does not exceed one million Naira or a Corporation is a proposed surety, in either of which case one surety may be sufficient;
(b) no person shall be accepted as surety unless he is resident in the State;
(c) no officer of the Judiciary shall be a surety;
(d) the limit of the liability of the surety under a guarantee shall be the valued amount of the estate;
(e) any surety other than a Corporation shall justify his eligibility.

(6) Where the proposed surety is a Corporation, an affidavit shall be filed by an authorised officer of the Corporation stating:
(a) that the Corporation is empowered to act as surety and has executed the guarantee in the manner prescribed by its constitution;
(b) sufficient information as to the financial position of the Corporation to the satisfaction of the Judge and that its assets are sufficient to satisfy all claims which may be made against it under any guarantee which it has given or is likely to give.

The Judge may upon being satisfied that the condition of the bond has been broken, assign the bond to another person who may sue on the bond in his own name as if it had originally been given to him and may recover the full amount recoverable in respect of any breach of the bond as trustees for any persons interested.

(1) The Judge shall in granting Letters of Administration afford the appropriate facility consistent with due regard for the prevention of error and fraud.

(2) Before the issuance of Letters of Administration, all enquiries a Judge deems fit to make shall be answered to his satisfaction.

(1) Any person claiming to be a Creditor or Legatee or the Next-of-Kin of the deceased, may apply for and obtain a Summons from the Court requiring the Executor or Administrator, as the case may be, to attend Court and show cause why an Order for the administration of the property of the deceased should not be made.

(2) The Judge may, upon proof of service of the Summons or the appearance of the Executor or Administrator and proof of all other things as the Judge may direct, make an Order for the administration of the property of the deceased.

(3) The Judge may:
(a) make or refuse to make any Order or give any special directions under sub-rule 1 of this Rule; and
(b) where there are applications for such an Order by more than one person or classes of persons, grant the administration to any Claimant or class of Claimants.

(4) The service of the Order may subsequently be effected on such persons and on such terms as the Judge may direct.

(5) Where the Judge makes such an Order, he may at any subsequent time make any further or other Orders which may appear requisite to secure the proper collection, recovery for safekeeping and disposal of the property or any part thereof.

(1) In a case of intestacy, where the special circumstances of the case require the Judge may, on the application of any person having interest in the estate of the deceased, grant Letters of Administration to an officer of the Court, Consular Officer or to a person in the service of the Government.

(2) The officer or persons appointed shall act under the direction of the Judge and shall be indemnified.

(3) The Judge shall require and compel such person or officer to file in Court the account of his administration at intervals not exceeding twelve months.

(1) Where a person dies intestate regarding his personal estate or left a will in respect of such estate without having appointed an Executor who is willing to take Probate or where the Executor is at the time of the death of such person, resident out of jurisdiction or is dead, the Judge may, where it appears necessary or convenient, appoint another person as Administrator of the estate of the deceased or any part of the estate.

(2) Such Administrator shall give such security as the Judge shall direct and may be limited as the Judge shall deem fit.

The Judge may direct that any Administrator (with or without Will annexed) shall receive out of the personal and real estate of the deceased such reasonable remuneration not exceeding ten percent of the income of the estate.

(1) Where a citizen of any foreign country dies within jurisdiction without leaving a widower, widow or next-of-kin within the jurisdiction, the Probate Registrar shall:
(a) collect and secure all monies and other property belonging to the deceased; and
(b) inform the nearest Consular Officer of such country, of the death and transmit to him a list of the money and property of the deceased.

(2) Application may be made to the Court under the Consular seal by such Consular Officer or any person authorised by him in writing for leave to administer the estate of the deceased and the Judge may make such Order:
(a) in respect of security for the payment of debt;
(b) for method of administration as the judge shall deem fit: Provided that the Judge may vary such Order when and so often as it is expedient.

(1) An application to add a personal representative shall be made to the Judge and supported by an affidavit deposed to by the Applicant, the consent of the person proposed to be added as personal representative and such evidence as the Judge may require.

(2) On such application, the Judge may direct that a note of the addition of a personal representative shall be made on the original grant or he may impound or revoke the grant or make such Order as the circumstances of the case may require.

(1) A grant may be made to any person entitled thereto without notice to other persons entitled in the same degree.

(2) A dispute between persons entitled to grant in the same degree shall be brought by application before the Judge.

(3) If an application under this Rule is brought before the judge, he shall not allow any grant to be sealed until such application is finally disposed of.

(4) Unless the Judge otherwise directs, administration shall be granted to:
(a) a living person in preference to the personal representative of a deceased person who would, if living, be entitled in the same degree; and
(b) a person not under legal disability in preference to an infant entitled in the same degree.

(1) An application to join a person entitled in a lower degree with a person entitled to a grant of administration shall, in default of renunciation by the persons entitled to priority to the former, be made to the Judge and be supported by an affidavit sworn by the person entitled, the consent of the person proposed to be joined as Administrator and such other evidence as the Judge may require.

(2) An application to join with a person entitled to a grant of administration by a person having no right to such grant shall be made to the Judge and be supported by an affidavit sworn to by the person entitled, the consent of the person proposed to be joined as Administrator and such other evidence as the Judge may require: Provided that there may, without any such application, be joined with a person entitled to administration:
(a) any kin of the deceased having a beneficial interest in the estate on the renunciation of all other persons entitled to join in the grant; or
(b) any person who the guardian of a minor may nominate for the purpose unless the judge otherwise directs; or
(c) a Trust Corporation.

Nothing in these Rules shall operate to prevent a grant from being made to any person who is entitled to a grant under any enactment.

(1) A grant during absence may be made where, the absence of the proponents of the Will or of an Executor would delay or imperil the settlement of the deceased person’s estates.

(2) An application for a grant of special administration where a personal representative resides outside the State shall be made to the Judge by Motion.

(1) A surviving spouse who being the sole personal representative of the deceased is entitled to a life interest in part of the residuary estate and elects to have the life interest redeemed, may give written notice of the election to the Registrar by filing a notice as in Probate Form 7 with such variations as circumstances may require.

(2) A notice filed under this Rule shall be noted on the grant and the record shall be open to inspection.

(1) For the purpose of this Rule, a “Caveat” means a formal notification by an interested party to a Court, Judge or officer of the Court prohibiting a grant in respect of the estate of the deceased till the party giving the notice has an opportunity to be heard, and a “Caveator” means any person who enters a caveat.

(2) A Notice to Prohibit a Grant of Administration may be filed in Court.

(3) A person who desires to be notified before a grant is sealed may enter a Caveat in the Registry.

(4) A Caveator may enter a Caveat by:
(a) completing Probate Form 8 in the appropriate book at the Registry and obtaining an acknowledgement of entry; or
(b) sending a Notice of Probate as in Form 9 to the Registry where the Caveat is to be entered either by hand or registered post.

(5) Where the Caveat is entered by a Legal Practitioner on behalf of the Caveator, the name of the Caveator shall be stated in Probate Form 8.

(6) Subject to the provisions of this Rule, a Caveat shall remain in force for three months from the date on which it is entered and may be renewed or a further Caveat may be entered after the expiration of the effective period.

(7) The Registrar shall maintain an index of Caveats entered in the Registry indicating the date and time the Caveat is so entered, and on receiving an application for a grant, he shall cause the index to be searched and shall notify the Applicant of any Caveat that has been entered against the sealing of the grant for which application has been made.

(8) The Registrar shall not allow any grant to be sealed if he has knowledge of an effective Caveat in respect of same: Provided that, no Caveat shall operate to prevent the sealing of a grant on the day on which the Caveat is entered.

(9) A Warning as in Probate Form 10 may issue from the Registry against a Caveator at the instance of any person interested called “the Person Warning.”

(10) The Warning or a copy of the same shall be served on the Caveator and shall:
(a) state the interest of the Person Warning and the date of the Will, if he claims under a Will;
(b) require the Caveator to give as in Probate Form 11, particulars of any contrary interest which he may have in the estate of the deceased.

(11) A Caveator having an interest contrary to that of the Person Warning:
(a) may within eight days of service of the Warning upon him inclusive of the day of such service, or at any subsequent time, if no affidavit has been filed under sub-rule 14 of this Rule, enter an appearance in the Registry by filing Probate Form 11 and making an entry in the appropriate book; and
(b) shall immediately serve on the Person Warning, a copy of Probate Form 11 sealed with the seal of the Registry.

(12) A Caveator:
(a) who has not entered an appearance to a Warning may, at any time, withdraw his Caveat by giving notice at the Registry and the Caveat shall cease to have effect; and
(b) shall immediately serve notice of the withdrawal on the Person Warning.

(13) A Caveator having no interest contrary to that of the Person Warning but who desires to show cause against the sealing of a grant to such a person, may within eight days of service of the Warning upon him inclusive of the day of such service or at any subsequent time, if no affidavit has been filed under sub-rule 14 of this Rule, issue and serve a notice which shall be returnable before the Registrar.

(14) The Caveat shall cease to have effect if:
(a) the Caveator fails to enter an appearance within the time limited for same; and
(b) the Person Warning files an affidavit in the Registry showing that the Warning was duly served and that he has not entered a notice under sub-rule 13 of this Rule.

(15) Upon commencement of a Probate Action, the Probate Registrar shall:
(a) where a Caveat is in force other than the Caveat entered by Claimant, give to the Caveator notice of the commencement of the action; and
(b) upon the subsequent entry of a Caveat at any time when the action is pending, notify the Caveator of the existence of the action.

(16) Unless the Judge otherwise directs:
(a) a Caveat in force at the commencement of any proceeding by way of Citation or Motion shall, unless withdrawn pursuant to sub-rule 12 of this Rule remain in force until an application for a grant is made by the person shown to be entitled to the grant by a decision of the Court in such proceedings and upon such application, any Caveat entered by a party who had notice of the proceedings, shall cease to have effect;
(b) any Caveat in respect of which an appearance to a warning has been entered, shall remain in force until the commencement of a Probate Action;
(c) the commencement of a Probate Action shall, whether or not any Caveat has been entered, operate to prevent the sealing of a grant until application for a grant is made by the person shown to be entitled to the grant by a decision of the Judge in such action; and upon such application, any Caveat entered by a party who was given notice under subrule 15 of this Rule shall cease to have effect.

(17) Except with the leave of the Judge, no Further Caveat may be entered by or on behalf of any Caveator whose caveat has ceased to have effect under sub-rule 14 or 16 of this Rule.

The grant of Letters of Administration under this Order shall be signed by the Chief Judge.