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Administration of Estates in Nigeria

Olisaemeka
November 02, 2014

Administration of Estates in Nigeria

Administration of Estates in Nigeria

Olisaemeka

November 02, 2014
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  1. TERMS • PERSONAL REPRESENTATIVE • TAKING OUT REPRESENTATION • INTESTATE

    • CAVEATOR • CITATION • TRUST CORPORATION • PROOF IN COMMON OR IN SOLEMN
  2. MODE OF APPOINTMENT • EXPRESS APPOINTMENT • IMPLIED APPOINTMENT •

    APPOINTMENT BY OPERATION OF LAW • APPOINTMENT BY THE COURT
  3. APPOINTMENT BY THE COURT • PERSON ENTITLED CANNOT-MENTAL AND PHYSICAL

    INFIRMITY(BY AUTHORISED PERSON ORRESIDUARY LEGATEE) • INFANT IS SOLE EXECUTOR
  4. APPOINTMENT BY THE COURT CONTS. • ADDITIONAL EXECUTOR-SOLE EXECUTOR AND

    MINOR IS A BENEFICIARY • ADMINISTRATOR WITH WILL ANNEXED
  5. WHO CAN BE AN EXECUTOR • ANY PERSON • ARTIFICIAL

    PERSON • TRUST CORPORATION • MINOR OR PERSON OF UNSOUND MIND • NOTE QUALITIES
  6. NUMBER OF EXECUTORS • ONE-NOTE EFFECT IF A MINOR IS

    A BENEFICIARY (S.24 AEL) • TWO OR MORE ( NOT MORE THAN FOUR-S. 24 AEL • MINOR AND ADULTS-DOUBLE PROBATE
  7. DUTIES OF EXECUTORS & ADMINISTRATORS • PROVE THE WILL •

    DECENT BURIAL FOR TESTATOR • GATHER IN THE ESTATE • PAY ALL DEBTS AND LIABILITIES • ASCERTAIN BENEFICIARIES
  8. DUTIES OF EXECUTORS & ADMINISTRATORS CONT. • DUTY OF CARE

    • FIDUCIARY DUTY • ACCOUNT AND RECORDS • DISTRIBUTE ASSETS IN THE ESTATE
  9. GRANT OF PROBATE-WHO CAN APPLY • THE EXECUTORS • PERSONS

    ENTITLED WITH WILL ANNEXED • NEXT-OF-KIN • LEGATEE OR DEVISEE ( RESIDUARY, FOR LIFE, AND ULTIMATE LEGATEE OR DEVISEE
  10. NON-CONTENTIOUS GRANT • DISCOVERY OF THE WILL • CITATION OF

    EXECUTOR • APPLICATION ACCOMPANIED WITH- -COPY OF WILL -DEATH CERTIFICATE -PROOF OF IDENTITY OF DECEASED AND APPLICANT -AFFIDAVIT
  11. CONTENTIOUS GRANT • APPLICATION TO REGISTRAR • CAVEAT FILLED •

    APPLICATION REFERED TO COURT • CITATION OF CAVEATOR • PROOF BY PROPOUNDER • GRANT PENDE LITE
  12. CESSATION OF EXECUTORSHIP • EXECUTOR FAILS TO PROVE WILL •

    CITED BUT REFUSES TO RESPOND • RENOUNCES PROBATE
  13. ADMINISTRATION-WHEN • DIES INTESTATE • PARET OF ESTATE NOT CONTAINED

    IN THE WILL • NO EXECUTOR • EXECUTOR DIES WITHOUT TAKING OUT PROBATE • EXE. RENOUNCES PROBATE
  14. ADMINISTRATION-WHEN • EXE. INCAPACITED • APPOINTMENT VOID FOR UNCERTAINTY •

    ADMIN PENDING LITIGATION • CHAIN OF EXE IS BROKEN • CHIEF JUDGE
  15. GRANT OF L.A • APPLICATION ACCOMPANIED WITH: INVENTORY AFFIDAVIT OF

    NEXT OF KIN BOND BANK CERTIFICATE PARTICULARS OF LANDED PROPERTIES SCHEDULE OF DEBTS
  16. APPLICATION ACCOMPANIED WITH: • JUSTIFICATION FOR SURETIES • NO NEED

    FOR TRUSTEES WHERE GRANT IS MADE TO: • CREDITOR, BENEFICIARY OF WHOLE ESTATE, ATTORNEY OF PERSON ENTITLED • PERSON GRANTED IN PLACE OF MINOR, ADMIN-GENERAL, OR ADMIN TO DEFEND A SUIT
  17. WHO CAN APPLY FOR L.A • SURVIVING SPOUSE • CHILDREN

    OF DECEASE • PARENTS OF DECEASED • BROS AND SISTERS OF DECEASED • HALF BROTHERS • GRAND PARENTS • UNCLES AND AUNTS • CREDITORS
  18. EFFECT OF GRANT • GATHER IN THE ESTATE • PAY

    ALL DEBTS AND LIABILITIES • ENTITLED TO INDENMITY • LIABLE FOR WASTE OR CONVERSION • PURCHASER IS PROTECTED • RUN BUSINESS OF DECEASD
  19. REVOCATION OF GRANT • LATTER WILL DISCOVERED • WILL LATER

    FOUND • GRANTED TO WRONG PERSON • GRANT BY FRAUD • GRANTED AND CAVEAT STILL IN FORCE • TESTAOR STILL ALIVE • EX. INCAPACITED
  20. REVOCATION OF GRANT • GRANT TO ADMIN GEN –WHERE EXE

    OR NEXT OF KIN SATISFIES THAT HE WAS ENTITLED AND NO NOTICE SERVED ON HIM
  21. REVOCATION CONTS. • TRANSFER OF INTEREST BY GRANTEE VALID •

    PAYMENTS TO GRANTEE VALID AND PAYER INDENMIFIABLE
  22. RE-SEALING –SURETIES WHEN • GRANT TO CREDITOR • ATTORNEY •

    GRANT FOR USE AND BENEFIT OF INCAPACITED PERSON • APPLICANT RESIDES OUTSIDE STATE • PERSON TO RESIDUARY INTEREST IF PERSON ENTITLED DIES INTESTATE
  23. DISTRIBUTION OF ASSETS • ACCORDING TO TENOR OF WILL •

    ACCORDING TO PERSONAL LAW OF INTESTATE • RETENTION OF GIFT • GIFT TO EXECUTOR-PRESUMPTION • RULES OF DISTRIBUTION-IDI IGI, ORO OJORI