PROBATE AND ADMINISTRATION OF ESTATE IN NIGERIA

In the contemporary legal jurisprudence of the world today, probate matters and all related legal issues have become a serious challenge to the deceased, trustees and beneficiary. Law is indeed dynamic and probate matters and administration of estate laws are equally dynamic. Under the probate and administration of estate law, so many legal issues have been thrown up in practice and theory while some issues have found permanent answers others are still begging for answers. This research work shall unravel answers for various legal challenges created by both procedural and substantive laws of probate and administration of estate. This work will exhaustively do an appraisal of various laws in Nigeria as it relate to probate and administration of estate. The researcher has observed over time that there are no uniform laws in probate matters and administration of estate in Nigeria because of the diversity in culture, customs and religion. This diversity has given room for diverse interpretation of disposition of decease‘s property by Nigeria court and also created escape route for fraudulent persons to take advantage of the lacuna. It is against this background that the three systems of law (Common Law, Laws of Administration of Estate in various state; and Customary Laws) governing intestate succession in Nigeria shall be discuss and juxtapose with each other. The factor which determines which system is to apply in every case is the type of marriage contracted by the intestate person. Where a person who contracted a statutory marriage dies intestate, his real and personal estate will be distributed according to the provisions of any local enactment relating to administration of estate and where none exist, the common law intestacy rules will apply. There are also some very sacrosanct customs in Nigeria recognized by the Wills Law/Act, this shall be discussed and the legal implications on probate and administration of estate laws. Generally this work shall carry out a thorough appraisal of all related probate and administration of estate matters.