LEGAL PRINCIPLE: ADMINISTRATION OF ESTATES — Personal Representatives — Joint and Entire Interest in Estate Incapable of Division
PRINCIPLE STATEMENT
The representation of the estate is joint; executors or administrators must agree. They have a joint and entire interest in the estate which is incapable of division. If one of two executors purports to grant his interest to the other, nothing passes because each was possessed of the whole before.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ibrahim v. Ojomo & Ors (2004) NLC-2492000(SC) at pp. 23–24; Paras E–A.
"The representation of the estate is joint; that is to say, the executors or administrators must agree in their representation of the estate. ... Where more than one executor or administrator is appointed, the joint office is treated as that of an individual person. Each executor represents the estate for all purposes subject only to the statutory exceptions. They have a joint and entire interest in the estate (real or personal) of the testator or intestate which is incapable of being divided. Consequently, if one of two executors or administrators purports to grant or release his interest in the testator's or intestate's estate to the other, nothing passes because each was possessed of the whole before."
EXPLANATION / SCOPE
Personal representatives hold joint and entire interest in the estate, which cannot be divided. The joint office is treated as a single individual person. Each representative represents the whole estate, not a divided share. One representative cannot transfer his interest to another because each already holds the whole. The principle applies to administration of estates. The rule prevents fragmentation of estate representation.
