PROBATE REGISTRY IN NIGERIA; SEE HOW BEST TO APPROACH IT
PROBATE REGISTRY IN NIGERIA
Probate Registry in Nigeria; see how best to approach it is a blog from Respect The Woman Initiatives to help women and families take hold of what is theirs.
At this point, a definition of Probate in Nigeria is in order.
PROBATE REGISTRY IN NIGERIA
Probate Registry in Nigeria is a legal entity that has its own laws known as Probate Law which is charged with the administration of ones estate at ones demise with the transfer of such estate to the real beneficiary (or beneficiaries) the Probate in Nigeria; see how best to approach itr sole responsibility.
The above topic on Probate in Nigeria equally answers the following questions:
- Do you need Probate if there is a surviving Spouse
- Is Probate required when a spouse dies in Nigeria
- What step to take when one dies
- Fighting off the Plight of widowhood.
We have two systems that have made people to ask this question is probate required when a spouse dies?
These systems include: –
1) The Traditional System approach to Probate Registry in Nigeria and
2) The Western System approach to Probate Registry in Nigeria
THE TRADITIONAL SYSTEM APPROACH TO PROBATE REGISTRY IN NIGERIA
This is a system that operates solely on traditional belief. For instance in Igbo tradition system it is believed that by right the main building of a man belongs to the first son also known as Diokpara.
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 bought by the mother other that the ancestral inherited Land of the father of the family is believed to belong to the last Son – Odudu Okpara.
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 and counter it seriously after his demise.
The above illustrations can now take us deeper on the topic Probate in Nigeria; see how best to approach it.
Traditionally, in Igbo Culture, when a man who has all the Gender 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 a 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 all the way to tell us that Probate in Nigeria may be a necessary requirement in traditional settings but definitely not a mandatory requirement.
Traditional System answers a capital “No” to Probate 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 APPROACH TO PROBATE REGISTRY IN NIGERIA
The Western System approach Probate Registry in Nigeria is the concept that first defined probate and Estate management. This concept ensures that probate is a mandatory concept.
RTWI is going to review Western System approach Probate Registry in Nigeria in the following ways:
1) Probate Registry in Nigeria on jointly owned estate/properties and accounts.
2) Probate Registry in Nigeria on Estate/Properties with a Will (Testate)
3) Probate Registry in Nigeria on Estate without will (Intestate)
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.
Reporting to Probate in Nigeria does not necessarily arise.
If the joint owners are husband and wife, this then becomes simpler but when they 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
PROBATE REGISTRY IN NIGERIA ON ESTATE/PROPERTIES AND ACCOUNTS WITH WILL (TESTATE)
Probate Registry in Nigeria handles all testate situation should the executor dies. The approach is simple.
Before the executor died he wrote his/her will and placed it in the Probate Registry after paying the fee for placing a Will.
The will be processed and a receipt with a reference number will be given to the executor who is now deceased.
The family will approach probate in Nigeria with the referenced receipt.
The following are those within the family who can approach Probate in Nigeria for this:
- The Spouse
- The kids
- The Lawyer or
- The next of kin as the case may be
With this and a formal request from the family and the payment of a certain fee, the will be called into action. The duration depends on the Presiding judge of the particular Probate in Nigeria.
This whole process takes averagely 2 months due to the schedule of the Presiding Judge and the valuation of Physical properties if they are in the will.
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.
PROBATE REGISTRY IN NIGERIA ON ESTATE/PROPERTIES AND ACCOUNTS WITHOUT WILL (INTESTATE)
This needs the attention of Probate Registry in Nigeria seriously. This is the situation where the man died without leaving any will. There is always confusion in this situation especially where the family is in disunity.
The probate helps to ascertain the real beneficiary or group of beneficiaries as the case may be.
This is achieved through the processing of Letters-of-Administration.
The topic “Probate in Nigeria; see how best to approach it” is a technical one and we believe it has been given a technical answer.
RTWI recommends Mondaq Law firm to our visitors on such issues too.
We believe that when one asks you the question do you need probate if there is a surviving spouse, 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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