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HOW TO APPROACH PROBATE REGISTRY IN NIGERIA

HOW TO APPROACH PROBATE REGISTRY IN NIGERIA

HOW TO APPROACH PROBATE REGISTRY IN NIGERIA

RTWI humbly presents the topic how to approach probate registry in Nigeria. Before we proceed, a definition of probate registry in Nigeria is needed.

PROBATE REGISTRY IN NIGERIA

Probate Registry in Nigeria is a house of law charged with the handling of all the legal issues concerning the administration of the estate of a deceased person.

The treatment of the above subject handles inquiries below:

  1. Is Probate requires when a Spouse dies in Nigeria
  2. Do you need Probate if there is a surviving spouse
  3. What step to take when a spouse dies in Nigeria

The question, “is probate required when a spouse dies?” is unarguably number one question that comes in the mind of both widow and widower.

A view of DO YOU NEED PROBATE IF THERE IS A SURVIVING SPOUSE might be helpful.

There are two systems of estate administration in Nigeria. These systems actually determines the approach to Probate Registry in Nigeria.

These systems include: –

1)      The Traditional System on how to approach Probate Registry in Nigeria and

2)      The Western System on how to approach Probate Registry in Nigeria

THE TRADITIONAL SYSTEM APPROACH ON HOW TO APPROACH PROBATE REGISTRY IN NIGERIA

This is a system that operates solely on traditional belief. For instance in Igbo tradition we all know that by right the main building of a man belongs to the first son also known as Diokpara.

IS PROBATE REQUIRED WHEN A SPOUSE DIES

In the same traditional system, as far as Igbo culture is concerned, the apartment of the mother in the same family belongs to the last son also known as Odudu Okpara.

Also in the same Igbo tradition, any building built on a land by the mother other that the ancestral inherited Land of the father of the family is believed to belong to the last Son – Odudu OkparaThough this rarely happens.

In Igbo tradition, women are rarely considered when the property of a deceased father is being shared. The only exception to this is when the deceased shared his property before he died. In most cases, the sons frown at this. The sons also counter such moves seriously after the demise of such fathers.

Simply put, the Traditional System approach to on how to approach Probate Registry in Nigeria believes that a woman has no say on land issues.

Traditionally when a man who has all the sex among his kids dies, the proper is transferred to his children in general and his sons in particular.  This is done through the spouse in situation where the kids are not of age.

Where the kids are of age, the properties are moved immediately with the guidance of the remaining Spouse.

This goes along way to tell us that the topic how to approach Probate Registry in Nigeria may be a necessary requirement but definitely not a mandatory requirement.

Traditional System answers a capital “No” to the how to approach Probate Registry in Nigeria.  This is because there is an established doctrine, Dogma and a well-structured pattern of transferring the estate of a deceased person.

THE WESTERN SYSTEM

The Western System is the concept that first defined probate and Estate management. This concept ensures that probate is a mandatory concept. The answer of this concept to the question is probate required when a spouse dies is always yes.

This “YES” answer to the question is probate required when a spouse dies can be handled in two ways in view of this:

1)      Probate issues on jointly owned estate/properties and accounts.

2)      Probate issues on Estate/Properties with a Will (Testate)

3)      Probate issue on Estate without will (Intestate)

HOW TO APPROACH PROBATE REGISTRY IN NIGERIA ON JOINTLY OWNED ESTATES/PROPERTIES AND ACCOUNTS

When an Estate/property is jointly owned by two person, one of them takes over at the demise of the other.

IS PROBATE REQUIRED WHEN A SPOUSE DIES

If the joint owners are husband and wife, this then becomes simpler but when they are associates, friends and things like that it may involve other processes.

This is a function of:

1)      If the family of the deceased or a friend is away of the property/Estate jointly owned.

2)      The sincerity and integrity of living joint owner. This means that where the family or the friends of the deceased is not aware, would the living partner inform them? It all depends on him. If he involved them then they are part owners in the same capacity as the deceased

Approaching Probate registry in Nigeria for jointly owned estate is rare but we are not saying it can happen.

HOW TO APPROACH PROBATE REGISTRY IN NIGERIA ON ESTATE/PROPERTIES AND ACCOUNTS WITH WILL (TESTATE)

This is does not necessarily need probate but it requires that the Will needs to be proven. This is usually done by a probate registry and probate court. A good lawyer in this area can be of help.

An executor often deposits a copy of his will at the Probate Registry in Nigeria. He will also pay the will deposit fee attached and a reference number will be attached.

IS PROBATE REQUIRED WHEN A SPOUSE DIES

At the demise of the executor, the family or family lawyer will approach the probate with the reference number.

With this they will call the will into action. The Probate Judge will determine the rest. It does not take long except where valuation of estate is needed.

It is all about the property of a deceased person in which the deceased left a will. The will of a man represents his wish and it contains the names of those that should be the beneficiaries of the properties, estate or account.

How to approach probate registry in Nigeria on Estate/Properties and accounts with will (Testate) is the most simple in this topic.

HOW TO APPROACH PROBATE REGISTRY IN NIGERIA ON ESTATE/PROPERTIES AND ACCOUNTS WITHOUT WILL (INTESTATE)

Approaching Probate Registry in Nigeria on this issue is a must.  This is for situations where the man died without leaving any will. There is always confusion in this situation especially where the family is in disunity.

IS PROBATE REQUIRED WHEN A SPOUSE DIES

The probate in Nigeria helps to ascertain the real beneficiary or group of beneficiaries as the case may be.

The first person that is required by law to approach Probate in Nigeria is the Spouse of the deceased person.

It goes in this order:

  1. The Spouse
  2. The kids
  3. The brothers with the clarification of the next of Kin.

The topic how to approach Probate in Nigeria is a technical issue and we believe it has been given a technical answer.

We believe that when one asks you the question is probate required when a spouse dies, you will be able to answer with boldness.

You can read up: HOW PROBATE REGISTRY BENEFITS WIDOWS AND WIDOWHOOD IN NIGERIA;HOW MUCH DOES IT COST TO GET LETTER OF ADMINISTRATION  , WHAT STEPS TO TAKE WHEN A SPOUSE DIES ; HOW LONG DOES IT TAKE TO OBTAIN LETTER OF ADMINISTRATION IN NIGERIA and THE PLIGHT OF WIDOWHOOD IN NIGERIA

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Comments (2)

  1. March 3, 2019

    […] a will: – For clarity on the purpose of Probate, refer to the meaning of Probate above. See IS PROBATE REQUIRED WHEN A SPOUSE DIES and HOW LONG DOES IT TAKE TO OBTAIN LETTER OF ADMINISTRATION IN NIGERIA for […]

    1. Respect The Woman Initiatives
      March 3, 2019

      W really appreciate your visit. Thanks for stopping by.

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