Introduction

Estate Administration in Nigeria is mainly divided into two categories: testacy and intestacy. A person dies testate if they leave a Will, and intestate if they do not leave a Will, in which case Letters of Administration are needed for the personal representatives to manage the estate. Wills and Letters of Administration (LA) are key documents after someone passes away. These documents are only valid within the jurisdiction of the court it was issued in the first instance. To use them in another jurisdiction, they must undergo a process called resealing. Resealing is the process that allows a Will or Letters of Administration granted by the High Court in one state to be recognised in another state where the deceased owned property. This article simplifies the concept of resealing Wills and Letters of administration, enabling stakeholders to navigate resealing requirements more effectively in Nigeria.

Legal Framework

The Administration of Estate Laws in Nigeria sets up a legal process for managing the estates of deceased persons. They ensure that claims from those entitled to the estate are verified, and grant authority to administer the estate to those who successfully complete the verification process at the probate registry. Some of these applicable laws include:

  1. Administration of Estate Laws of the various states
  2. Probate (Resealing) Act 2004 P31 LFN 2004
  3. High Court (Civil Procedure) Rules
  4. Wills Act 1837

What does it mean to reseal a grant?

Resealing is the process of making a Will or Letters of Administration valid and enforceable in another jurisdiction. In simple terms, it is the formal recognition of a Will or Letters of administration granted by the High Court of one state as valid in another state or jurisdiction where the deceased owns property. This means that, if the personal representatives want to manage or deal with properties located outside the state where the original grant was issued, they must apply for the resealing of the grant in the High Court of the State where those properties are located.1

When is resealing of a grant required?

Generally, legal authorities are constrained by territorial limits, and this principle also applies to Estate Administration. As a result, resealing has become indispensable as it enhances the removal of certain boundaries and facilitates the process of obtaining a grant of probate – Wills and Letters of Administration, among other advantages. Accordingly, if the Executors or Administrators of a deceased person want to manage property owned by the deceased in another state, they must apply for resealing of the initial grant. For instance, if the grant was obtained in Lagos but the deceased had properties in Oyo State, the personal representatives must apply for the grant to be resealed in Oyo State before they can manage the property there.

Who can apply for resealing?

  1. Administrators of the Estate of the Deceased who have been issued an initial grant of probate.
  2. Executors named in the Will or other testamentary documents.
  3. A beneficiary who is entitled to the estate by law.
  4. Any person authorized by (1) and (2) in writing.
  • Resealing is just as important as obtaining a grant of probate when there are properties outside the Court’s jurisdiction. At least two adult Executors or Administrators are required for the process, and they can also be beneficiaries of the grant being resealed. However, resealing may not be possible in situations where there is a disagreement among the personal representatives.2
  • It is important to note that the law allows for the resealing of grants issued in Commonwealth countries. However, grants obtained in non-Commonwealth countries may not qualify for resealing in Nigeria.3

Jurisdiction of the Court to reseal

The Chief Judge of the High Court of any State has the authority to make rules for regulating the practice and procedure in that Court, including fees and costs related to applications for the resealing of Wills and Letters of Administration under the Act.4 It is important to note that just as all lands in a state are vested in the Governor under the Land Use Act 1978, the estate of a deceased person who dies without a Will (intestate) is considered vested in the Chief Judge of the state where the deceased lived until Letters of Administration are obtained.

For the purpose of obtaining a grant, the Court has held that when multiple executors or administrators are appointed, their joint office is treated as a single entity. Therefore, personal representatives are required to act collectively and not individually, including when applying for the resealing of an original grant of probate. They must act in unity, as no executor can act independently of the others.

Each executor represents the estate for all purposes, subject only to statutory exceptions.

Conditions to be fulfilled before resealing

The High Court of a State shall, before resealing a Will or Letters of Administration be satisfied-

  1. That probate duty has been paid for any part of the estate that is liable to probate duty in that state.
  2. In the case of Letters of Administration, that security has been provided in an amount sufficient to cover any property in that state to which the Letters of Administration apply.5

Conclusion

In practice, it takes a minimum of six (6) months to obtain a grant of probate. However, resealing has become an important aspect of estate administration because it allows the personal representatives of a deceased person’s estate to avoid the lengthy process of applying for a new grant in a different jurisdiction.

Resealing essentially streamlines the process for managing properties of the deceased located in other states. When a Will or Letters of Administration is resealed by the High Court in another state, it is treated as though it was originally granted by that High Court.6 This means the document gains the same legal power and authority within the state as if the Court in that state had issued it. This process saves time and resources, enabling personal representatives to carry out their duties efficiently, including dealing with property and assets located in different parts of Nigeria.

Author:

John I. Ayeomoni, LL.B, B.L, Associate Patreli Partners, Legal Practitioners and Arbitrators

  1. Section 2, Probate (Re-sealing) Act 2004 P31 LFN 2004. ↩︎
  2. Eyibo v. Mujaddadi & Ors. (2021) LPELR-57110(SC). ↩︎
  3. Section 1, Probate (Re-sealing) Act 2004 P31 LFN 2004. ↩︎
  4. Section 7, Probate (Re-sealing) Act 2004 P31 LFN 2004 ↩︎
  5. Section 3, Probate (Re-sealing) Act 2004 P31 LFN 2004 ↩︎
  6. Section 7, Probate (Re-sealing) Act 2004 P31 LFN 2004 ↩︎