Category: Legal

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Legal

Functions of Probate Registry in Nigeria

The Probate Registry in different state courts in Nigeria may differs in one way or the other but, the most common thing about all is, it is where to obtain legal instruments to facilitate the legal administration and management will, estates, etc. It is an effective channel of dispensing justice in matters of testacy and intestacy. Such activities include registering of will, obtaining letters of administration and grant of probate and all other related matters.

The Probate Registry is usually located within the High Court premises of most states and the following are its usual functions in the administration of justice:

FUNCTIONS OF THE PROBATE REGISTRY

The functions of the probate registry are better appreciated under the following circumstances:

  1. Registering of WILL
  2. When death benefits or pension funds need to be accessed by a deceased person’s beneficiaries/relatives.
  3. When legal title to landed property and buildings is required to be obtained by a deceased person’s beneficiaries/relatives.
  4. When there is a need to partition/distribute a deceased person’s estate amongst the beneficiaries/family members.

Read: How to write a valid Will in Nigeria

 

Registering of Will in Nigeria

One of the key things that makes a will a valid one in Nigeria is when it is registered with Probate Registry. Probate Registry will have a copy of the will registered. This serve as main backup in event where there is doubts.

One of the functions of the Probate Registry is the custody of Wills. After a Will has been prepared by a Testator by himself/herself or by his/her Solicitor, it must be lodged at the probate registry of the High Court of the State upon the payment of the prescribed fee.

Testate Administration

Upon the death of a Testator who lodged a Will at the Probate Registry during his/her lifetime, the probate registry is usually the first port of call after the burial of the Testator. The Probate Registry is charged with the duty of issuing a grant of probate to a deceased person’s Will. This grant of probate is the legal instrument which provides the legal basis for the enforcement of the contents of the Will. The application forms for the grant of probate consist of the following:

  1. Bank certificate
  2. Application for grant of probate of the Will
  3. Oath for Executor/s
  4. Affidavit of attesting witness of the Will
  5. Inventory of assets
  6. Particulars of leasehold/freehold properties left by the deceased
  7. Schedule of debts and funeral expenses

After the Executors have filled and signed the forms, they or their appointed solicitor returns the forms to the probate registry with accompanying documents. It usually takes a minimum of 2 to 3 months for the application to be processed and approved by the appointed Probate Judge depending on whether or not properties are listed as assets of the estate in the application form. Where property/ies is/are included in the list of assets, the Valuation Unit of the Registry shall be required to conduct an inspection of the property/ies for the purpose of ascribing a value thereto and this may extend the time for processing the application by an additional 3 to 5 weeks.

 

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Intestate Administration

The procedure outlined above also applies to intestate administration. However, the difference with intestate administration is that the deceased person did not write a Will to guide the administration of his/her estate. Under such circumstances, the family reaches an agreement on whom the personal representatives/administrators of the estate should be and the nominated administrators take on the role of the executors of the estate by applying for the letters of administration which play the same role as a grant of probate.

It is important to note that not just anyone can apply for the letters of administration. The Probate Registry usually gives consideration to the provisions of the Law which states the order of distribution of an intestate’s assets with the spouse and children of the deceased person as first in line. This will be considered by the Probate Registrar before the confirmation of the administrators upon issuance of the letters of administration.

Under an application for letters of administration, there is a procedure for the publication of the estate where the details of the Estate such as the names and addresses of the proposed administrators to the estate are published against the name of the deceased person. It serves as a notice to all interested parties that the administration of the estate will be granted to the appointed administrators in the absence of any opposition.

The application forms for letters of administration consist of the following:

  1. Bank certificate
  2. Application for letters of administration (without Will)
  3. Oath for Administration (without Will)
  4. Administration Bond (without Will)
  5. Declaration as to next of kin form
  6. Inventory of assets form
  7. Particulars of freehold/leasehold properties left by the deceased
  8. Schedule of debts and funeral expenses

It usually takes an average of 4 to 6 months to obtain letters of administration in Lagos State once the forms have been properly filled and returned with accompanying documents/requirements to the probate registry and barring bureaucratic delays.

 

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Categories
Legal

VALID WILL REQUIREMENTS IN NIGERIA

WILL REQUIREMENTS IN NIGERIA
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We covered the contents and requirements of valid will in Nigeria in this blog.

How can I ensure that my Will is a Valid one in Nigeria?
What are the requirements for a Valid Will in Nigeria?
How can I ensure that my property will be passed on to the right people after my death?

 

WHAT IS A WILL?

A will is an instructions by a person (testator) stating his or her wishes to be carried out after his/her death.

Will definition according Wills Act 1837 in United Kingdom states that:

A will is a testamentary document voluntarily made and executed according to law by a testator of sound mind, where he disposes his properties (real or personal) to beneficiaries to take effect after his death.

 

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A WRITTEN WILL has more strength to defend than an oral will.

What is a WRITTEN WILL? A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.

A will is not a sign that you want to die tomorrow. Having a written will simply means “putting down what you want to happen when you die or how you want your properties to be shared when you die and in the way that you want it to.

You can write up a will at any time. You don’t have to wait for major life events such as marriage or the birth of children or grandchildren to do so (though you may need to update your will at these times).

 

A will is essentially a set of instructions on what you want to happen after your death, especially regarding any property you own. However if you wish to set out how you would like your funeral to be carried out, it’s best to do this in a document that your family can access easily, as there can sometimes be delays in accessing your will.

On this page you will find information on how to draw up a will, the requirements for a Valid Will and who can help you with this process in Nigeria,

 

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BENEFITS OF WRITING A VALID WILL

There are a plethora of reasons and benefits of writing a will. The first major benefit is that one can be assured while still alive that upon demise, the loved ones will be catered for as if one is still alive to provide for them. Second, writing a will allows someone to express his or her feelings and opinions with the will and thereby reduces friction among beneficiaries.

 

IMPORTANT TERMS IN WILL

Bearing in mind the aforesaid, we will briefly explain some important terms related to a will as follows:

  • Testator—a testator is a man or in the case of a woman (testatrix) who wishes to dispose his/her assets to specific beneficiaries upon death, he/she must be with a sound mind.
  • Beneficiary—a person who benefits from the asset or estate of a testator or is listed in the will of a testator.
  • Executors— these are trusted individuals appointed by the testator to manage his assets and carry out his wishes after death.
  • Testate— a situation where one dies leaving a valid will
  • Interstate—- a situation where one dies without leaving a will, and in this case what tends to happen is that the estate of the deceased will be settled by the administration of estate law of his/her domicile before death.

 

Furthermore, not every individual can make a valid will; a minor and a person of unsound mind cannot write a will. The legal age of a person to write a will is 18years of age and above. Under the Wills Act, the legal age for making a will is 21 years.

 

HOW TO MAKE A VALID WILL

There are certain conditions that must be met in writing a valid will, these conditions are very important as a badly executed will is as good as a worthless piece of paper. A valid will has a binding force in law. Important factors must always be considered while writing a will:

  • A valid will must be in writing. This condition cannot be overemphasised; it can be handwritten, typed and printed. It is a legal document with a binding force. And for it to be binding, the maker must put it into writing.
  • As earlier stated, an individual of legal age can make a valid. He/she must be at least 18years of age, with sound mind meaning that he/she understands that a will is being made and is sane as at the time of making the will. A will must be made voluntarily without any external influence.
  • The will must be signed by the testator or any person he chooses on his behalf who then must sign in his presence and by his directions.
  • The testator must acknowledge his signature in presence of two (2) witnesses who must be present at the same time. Acknowledgement can be by word or conduct
  • The witnesses must themselves sign the will in presence of the testator. It is important to note that a witness cannot be a beneficiary to a will, and any gift given to a witness will be null and void. Choosing people who are not beneficiary to the will as witnesses will prevent a conflict of interest and ensure confidentiality. Therefore, the testator’s spouse and children cannot attest to a will, since they are definitely going to be beneficiaries in it.

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What should my will cover?

  • The full name and address of the testator.
  • The names and address of the executors who will be in charge of the testator’s assets and ensure that the wishes under the will are carried out.
  • The full names and addresses of the beneficiaries in the will, and where the beneficiaries are minors, the particulars of the guardian appointed for them.
  • A full list and particulars of the testator’s assets; all the assets of the testator both real and personal should be listed, and how he wants the assets shared among the beneficiaries.
  • The names and addresses of witnesses to the will.

Another likely question to arise is that after making a will can it be changed? Yes, one can change his or her will by making a new one or using a CODICIL. A codicil is used to amend, change, rewrite or remove any information from a will.

In your will you should include the following kinds of information:

  • the name of the person or people you have appointed to manage the distribution of your belongings (your estate) i.e. the executor and trustee (if applicable) of your will;
  • the name of the person or people you have appointed as guardians for your children (if you have any);
  • instructions for how you want your money and other assets to be distributed to your partner, children, grandchildren, other family members, friends, charities etc;
  • the names of the people you would like to receive specific items in your possession.
  • it should state that it revokes any other wills (in case you’ve made one previously).

 

To be legally valid, your will needs to be:

  • in writing,
  • witnessed by two people who are not beneficiaries of the will,
  • signed by the witnesses, in your presence and
  • signed by you (the will maker)
  • Probate Registry

It is a good idea and important to make Probate Registry of your WILL.

Contact Legal Firm in Nigeria for writing of your will.

Categories
Legal

ADOPTION OF CHILDREN IN NIGERIA (STEPS AND PROCEDURES)

HOW TO ADOPT A CHILD IN NIGERIA
(STEPS AND PROCEDURES)

 

INTRODUCTION

Adoption is a legal process whereby a child’s legal rights and duties towards its natural parents are terminated and bequeathed to his adoptive parents. It is also an order made by a special court with inherent jurisdiction vesting the parental rights and duties relating to a child to his adoptive parents. The said order is made upon the application of the adoptive parents to the special court set aside by the state to handle adoption matters.

Adoption generally has been promoted to reduce the rate of abortion and drug addiction in the event of an unwanted pregnancy.

There are many reasons why people want to adopt children, they range from:

  • For childless couples, in other to stabilize their marriages
  • The need to replace a dead child(in the case where the dead child is an only child, only female or only male)
  • For the companionship of an only child
  • To legitimate an illegitimate child
  • To sustain a particular line of descent
  • To rescue an abandoned child to give him/her a home and an identity
  • To relieve parents who are unable to take care of their child(ren).
  • Other reason maybe simply to give a home and family to children who does not have a home nor family

 

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Adoption in Nigeria may be achieved either statutorily or customarily. Under the statutory law, the law differs from one state to the other. Under the custom it equally differs from one culture to the other.

I will focus this write-up on adoption under the statutory law

ADOPTION PROCEDURE IN RIVERS STATE

For an adoption to take place there is a special court vested with powers to grant an adoption order depending on the type of adoption taking place. The court also has the right to cancel an adoption process if it thinks or get reports that the adoptive parents applied undue pressure or the information supplied were false.

The laws in most parts of the country provide that an application for an adoption order must be made in the prescribed form (Form 1) and submitted to the registrar of the competent court of the area where the applicant or the juvenile resides. Section 1 of the Adoption Law of Rivers State 1999 makes provision as to the application for adoption which is to the effect that application be made in prescribed form and accompanied with the following documents:

  1. The marriage certificate or a sworn declaration of marriage
  2. A medical certificate of fitness of the applicant signed by a duly registered medical practitioner.
  3. The birth certificate of the child to be adopted.
  4. The medical certificate of fitness of the child signed by a duly registered medical practitioner.
  5. Such other documents, requirements and information as the Court may require for the purpose of adoption

On receipt of the application, the court will give an order of investigation to be conducted by Social Welfare Officers, supervision officers, and any other persons as the Court may determine to assess the suitability of the applicant as an adopter and of the child to be adopted

By Section 6 of the Adoption Laws of Rivers State, the court will appoint a guardian ad litem for the Juvenile to represent him or her in the adoption proceeding. The person appointed as the guardian ad litem shall be either the Chief Welfare Officer or the welfare officer in charge of the area where the juvenile resides; or a probation officer or some other person suitably qualified in the opinion of the court. The guardian ad litem investigates the circumstances relevant to the proposed adoption and reports in writing to the court.

 

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By Section 2 (4) of the Rivers State Adoption Law, an adoption Order shall not be made except the applicant and the Juvenile are resident in Rivers State, the child has been continuously in the care and possession of the applicant for at least 3 consecutive months immediately preceding the date of the order. Prospective adoptive parent (s) must inform the chief welfare officer of their intention to adopt at least three months before the court order is made.

The applicant can consult a private legal assistance to facilitate the process of adoption.

The confidential report of the welfare officer will be written after several visits to the home of the adoptive parents and after he or she is satisfied that the juvenile is settled and that the prospective adoptive parents are capable of taking care of him or her. In such a case a positive recommendation will be sent to the court. In some states, after the adoption has been granted, the adoptive parents must obtain leave of court before the child can be taken out of the jurisdiction of the court either temporarily or permanently.  Furthermore a letter from the social welfare officer to the immigration officer, informing the immigration officer that the adoptive parents are now the legal parents of the juvenile must be obtained before the adoptive parents will be permitted to obtain a passport to take an adopted child out of Nigeria.

Every action taken in an adoption proceeding and its final outcome must be entered into the Adoption Register. A certified copy of an entry in the Adopted Children’s Register if stamped or sealed by the registrar’s office shall be proof of such adoption as is specified therein.

CONCLUSION

In conclusion, the adoption process differs from State to State because of the differences in the adoption Laws of the various States of Nigeria. Also the process starts with the applicant identifying the orphanage home or the child to be adopted. The next step is to find out their method or how they carry out their own adoption process. It differs from one orphanage home to another.

 

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Adoption is important in society because it touches on status and therefore affects the rights and obligation of an adopted person.

It is always advisable to engage the services of a lawyer to facilitate the process.

 

Source: http://www.verazadvocates.com.ng/adoption-of-children-in-nigeria-steps-and-procedures/

Categories
Legal

HOW TO WRITE A WILL IN NIGERIA

HOW TO WRITE A WILL IN NIGERIA

Have you ever wondered why women in most parts of Nigeria pass through “hell” when their husbands die?

The world we are living in is a chauvinistic world, where the men dominate every sphere of life. This is why it seems men don’t usually pass through hell when their wives die.

You don’t need to wait to be old or at the point of death especially in the sick bed (bedridden) before you think of WILL writing.

The writing of a Will does not mean that you will soon die!  This notion has kept back many people from writing Wills; thinking that once they write their Will death comes calling.

Do the needful!  Write your Will TODAY!

 

WHAT IS COVERED IN A WILL?

Some types of property, including certain insurance policies and retirement accounts, generally aren’t covered by Wills. This is because when an individual takes out these insurance policies or opened the accounts, part of the process is to list the beneficiaries of the account. The most important things to provide for in your will are who will be your executors, who will be the beneficiaries of your assets, and in cases where there are minors – who the guardian(s) of the minors will be.


CONSEQUENCES OF NOT WRITING WILL BEFORE DEATH IN NIGERIA

If an individual should die without leaving a valid Will, he/she has died intestate. That usually means that the individual’s estate will be settled based on the Administration of Estate Laws of the state of domicile of the individual.

Mostly, village custom has been upper hand in this.

These Laws determine who inherits what.

When an individual dies and has left a Will, the process to administer the deceased estate is known as obtaining probate. By this probate, the court grants the executor(s) who have been appointed under the Will, the right to administer the estate of the deceased. In the case of a death without a Will, since there is no executor named, a judge appoints an administrator to serve in that capacity. An administrator also will be named if a Will is deemed to be invalid. The administrator will exercise the powers over the estate in accordance with the Administration of Estate Law of the State.

 

It will save your beloved wife and precious children the pains and trauma after your demise.

Nobody knows when death will come calling; it can be sudden or after a brief/ protracted illness.

Do it now that you are sound and fit!

What do you need to write a valid Will?

It is very simple, below are some of the requirements for writing a valid Will.

 

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REQUIREMENTS OF A VALID WILL IN NIGERIA

  1. CAPACITY

1. Age

A Will must be written by a person who is 21 years and above. Any Will written by a person below the age of 21 years is invalid except in a special circumstance example those who are in active Military Service.

2. Sound mind

A Will must be written by a person of sound mind. The testator must be mentally sound for him or her to make a valid Will. He must understand the nature of the act he was performing and appreciate the effect of his disposition.

3. Absence of undue influence

A Will ought to be made devoid of any undue influence or pressure from any of the beneficiary to the Will. In the event of any form of undue pressure or coercion on the testator (writer of the Will) the Will be declared null and void.

2. CONTENT

1. Written Will

Every Will must be in writing to guard against fraud. The only people who can make an oral Will are people in active Military service.

2. Signature

A will must be signed by the maker of the Will (Testator) in the case of a man or (Testatrix) in the case of a woman. Where the Testator or Testatrix as the case maybe is an illiterate and cannot sign the Will but can make a thumb print, an illiterate Jurat must be included in the Will duly signed by the interpreter. The signature comes at the end of the Will.

3. Witnesses

The Testator’s signature must be acknowledged in the presence of at least 2 witnesses. It can be more than 2 witnesses but not less than 2 witnesses. These 2 witnesses must all be present at the same time when the Testator is signing the Will. Failure to follow this procedure renders the Will invalid.

Who Can Benefit from a Will in Nigeria?

In as much as you are at liberty to include anyone in your Will as a beneficiary, these following people MUST not be left out in your Will. They are;

  • The deceased surviving spouse
  • The deceased former spouse who has not remarried
  • The child or children of the deceased including illegitimate and adopted children whether they are above 21years and married
  • A person who was treated by the deceased as a child of the family in relation to any marriage of the deceased e.g. a child of the deceased’s wife by a former marriage.

 

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How Can I Revoke/ Cancel my Will in Nigeria?

You can revoke or change or cancel your Will in the following ways;

  • By destruction of the Will, the destruction must be an intentional one and not destruction by accident.
  • By making  a new Will or codicil.
  • By subsequent marriage of the Testator.

 

NOTE; Any personal estate or Real Estate which cannot be affected by Testamentary disposition under Customary law cannot be disposed by Will e.g unpartitioned family property.

We at Veraz Advocates can help you prepare your Will. Contact us today!

 

Source with permission: http://www.verazadvocates.com.ng/how-to-write-a-will-nigeria/


Contact Veraz Advocates: 08035492685.
Watsapp: 09054440156.
Email address: info@verazadvocates.com.ng

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