A letter of administration is a legal document granted by the Probate Registry to an administrator of a deceased’s estate. This document allows the administrator to manage the property of a deceased person who died without leaving a valid Will, which is known as dying intestate. Once the letter of administration is issued, the administrator has the legal power to manage the deceased’s estate for the benefit of their heirs.
However, disputes can arise when there are disagreements over its issuance, the suitability of the administrators, or the distribution of the estate. These disputes can lead to a challenge of the Letter of Administration. To challenge the document, you will need to go to court to cancel it. However, if it is still being processed at the Probate Registry, you can challenge it by filing a “Caveat.”
In this article, we discuss fully, ways you can challenge this legal document in Nigeria.
Grounds for Challenging Letters of Administration in Nigeria
Challenging a letter of administration is a legal right and is part of the required procedures for the grant of this legal document. Before the process is completed, the notice of application for the letter of administration must be published in a national newspaper or the gazette.
This publication allows the general public or any interested party the opportunity to raise objections to the grant by filing a caveat within 21 days at the Probate Registry. If no caveat is filed within this period, the letters of administration are issued and signed by the Probate Registrar.
The application can be challenged upon the rise of any of the following circumstances:
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Fraud or Misrepresentation
If the applicants obtained the Letter of Administration through deceit, falsified documents, or misrepresentation of facts, the court may revoke the grant. It can also be challenged where the applicant has a history of fraud, dishonesty, or other criminal behavior.
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Improper Applicants
The law recognizes a specific order of priority for persons entitled to apply for a Letter of Administration. If someone outside the preferred order of priority applies, they can be challenged. For example, siblings applying for the Letter of Administration before the spouse or children of the deceased, without their consent.
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Unsuitability of Administrators
Administrators must be persons of integrity, capable of managing the estate. The grant will be challenged if they are incompetent or have a personal or financial conflict that could prevent impartial administration. A challenge is also warranted when there is evidence of mismanagement of other estates or assets.
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Omission of Beneficiaries
When legitimate beneficiaries such as the surviving spouse, children, or other next of kin, are excluded from the application process or the estate distribution plan, they may challenge the issuance of the Letter of Administration.
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Existence of a Will
If it is later discovered that the deceased left a valid will, the Letter of Administration becomes unnecessary, and it can be revoked.
Legal Procedure for Challenging a Letter of Administration
The procedure for challenging the grant of a Letter of Administration is hereby highlighted below.
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File a Caveat
A caveat is a formal notice filed by an interested party, beneficiary, or creditor at the Probate Registry to prevent the issuance or use of a Letter of Administration. It serves as a directive to the Probate Registry not to issue the letters of administration to the proposed administrators without first notifying the person who filed the caveat.
In Lagos State, the process for filing a caveat is governed by the High Court of Lagos State (Civil Procedure) Rules, 2019. The caveat must specify the grounds for the challenge. Upon filing, the probate registry will notify the applicants and halt the administration process until the dispute is resolved.
A caveator may file a caveat by completing Probate Form 5 in the designated register at the Probate Registry and obtaining an acknowledgment of entry. Alternatively, the caveat can be lodged by sending a notice in Probate Form 3 to the Registry through registered post or email. If a legal practitioner files the caveat on behalf of the caveator, the caveator’s name must be specified in Probate Form 5.
In Lagos State, a caveat filed by a caveator remains valid for three (3) months from the date of entry. During this period, letters of administration cannot be issued or granted unless the caveator withdraws the caveat. The caveat may be renewed, or a new one can be filed after the initial period expires, in accordance with Order 63, Rule 18(5).
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Application to Revoke the Grant
If the Letter of Administration has already been issued, an aggrieved party can apply to the court to revoke the grant. This application must be supported by evidence proving one or more of the grounds for challenge.
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Administrators Will File a Warning
After a caveat is filed, the proposed administrators seeking the grant of letters of administration can issue a Warning or Notice to Appear in Form 7 to the caveator. They can challenge the caveat filed by the caveator by initiating a Writ of Summons for a declaration or pronouncement.
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The Caveator Will Enter Appearance
A caveator with a conflicting interest in the estate of the deceased must enter an appearance within eight (8) days of receiving a warning notice. This is done by filing Probate Form 8 and recording the entry in the appropriate book. The Notice of Appearance, bearing the Registry’s seal, is then immediately served on the proposed applicant, as provided in Order 63, Rule 18(10).
Alternatively, the caveator may choose not to respond to the warning and instead withdraw the caveat by submitting a Notice of Withdrawal to the Probate Registrar. However, if the caveator fails to enter an appearance within the stipulated period of three (3) months, the proposed administrator may file an affidavit with the Court.
This affidavit will demonstrate that the caveator was properly cited and warned but failed to respond. Once this is done, the caveat becomes ineffective, and the letters of administration will be granted, as outlined in Order 63, Rule 18(13).
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Court Hearing
Once the caveator enters an appearance, the legal proceedings will commence. Until the matter is fully resolved, the letters of administration cannot be granted to the applicant. The court will hear both parties and allow each party to present evidence and arguments. The burden of proof lies with the person challenging the Letter of Administration.
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Court Decision
Based on the evidence provided, the court may revoke the grant if the challenge is successful or appoint new administrators. The court can also reinstate the original administrators if the challenge is unsubstantiated.
The Probate Registrar is obligated to maintain an index of all caveats entered in the Registry. Upon receiving an application for a grant of letters of administration, the Registrar must search the index and notify the applicant if any caveat has been filed regarding the grant being sought.
The Registrar must not issue or seal any letters of administration while a valid caveat is in effect. If a grant is issued despite knowledge of an existing caveat, such a grant will be deemed invalid.
Conclusion
Challenging a Letter of Administration in Nigeria can be daunting especially when dealing with the loss of a loved one. Delaying to challenge the document can allow administrators to distribute assets, thereby complicating recovery. The process involves understanding the relevant probate laws, gathering the right documentation, and acting immediately.
Whatever the reason for the challenge, it is important to follow the correct legal procedures to ensure a fair resolution. Therefore, working with an experienced lawyer can make a big difference in the success of the probate litigation and in protecting your rights in the estate. We encourage you to contact the Resolution Law Firm today to speak to our lawyers. We will help you resolve the legal issues relating to your loved one’s estate.