Imagine you lost a loved one, like your father. Before he passed away, your father owned several properties in different states in Nigeria, including Lagos, Abia, and Rivers State. He did not leave a will. A probate lawyer told you that to get legal authority as his child, you need a letter of administration, which you have obtained. However, you got this letter from the Lagos State probate registry, where only his Lagos properties are covered.
Two years later, you secured a buyer to purchase one of your father’s properties in Rivers State. But the Lagos State probate registry issued your letter of administration concerning the property(s) within Lagos State.
This begs the question: Does a letter of administration issued in one state cover assets/properties in another State? Are you required to file a new application for a letter of administration in other states in which your late father’s properties are located so that you have legal authority to dispose of the properties in the future?
We will address this question, taking into consideration the position of the law in such matters.
The laws governing letters of administration include the High Court Civil Procedure Rules of various States, the Administration of Estates Law of various States, and the Probates (Re-sealing) Act.
Generally, letters of administration are granted concerning the assets/properties of the deceased within the jurisdiction of the High Court of the State where the letters of administration are granted. In other words, a person cannot apply for letters of administration in a State where the assets of the deceased are not located. What happens when the properties of the deceased are found in other jurisdictions? Can the scope of authority of the administrators be extended to cover those assets or properties found in other jurisdictions upon the grant of a letter of administration in one State? The answer to this question is Yes. The scope of authority granted in the letter of administration issued in one state can be extended to take effect in another state where a deceased’s asset is located through a process referred to as resealing.
WHAT IS RESEALING?
As earlier mentioned, letters of administration are granted concerning the assets of the deceased found in one State. Where the deceased has properties or assets in other jurisdictions, the administrators can apply to the High Court of such jurisdiction to extend the scope of their authority to administer the assets found in those areas, thereby validating the Letters of Administration as the case may be. This process is known as Resealing. In Nigeria, the process of resealing applies both to probate (issued where there is a will) and letters of administration (issued where there was no will).
The Probates (Re-sealing Act) 1966 puts this in proper perspective by providing as follows:
“where the High Court of a State has, either before or after the commencement of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, subject to the provisions of this Act, on being produced to, and a copy thereof deposited with, the High Court of any other State, be resealed with the seal of that Court”[1]
Interestingly, the law further provides for the resealing of probates or letters of administration granted in other countries in the High Courts of a State in Nigeria. This provision is only limited to Commonwealth countries. Hence, where the grant was made in a non-Commonwealth country, the grant remains unenforceable in Nigeria. However, the law is silent regarding the enforceability or otherwise of grants made in Nigeria in other countries. It provides as follows;
“where a court having jurisdiction in matters of probate in a Commonwealth country has, either before or after the commencement of this Act, granted probate or letters of administration in respect of the estate of the deceased person, the probate or letters so granted may, subject to the provisions of this Act, on being produced to, and a copy thereof deposited with, the High Court of a State, be re-sealed with the seal of that Court.”[2]
The application for re-sealing is made by the personal representative; in this case, the administrator. The effect of resealing in another State is to the extent that the probate or letter of administration granted in any State has the same force and effect in the State in which it is re-sealed.[3]
WHAT ARE THE REQUIREMENTS FOR RESEALING?
Before an application for resealing is made in another State, certain conditions must be fulfilled. One of which is that about probate, the probate duty concerning the estate in the State where the grant was made has been paid. In the case of a letter of administration, a security must have been given in a sum sufficient in amount to cover the property, if any, in that State to which the letters of administration relate[4]. In Lagos State, an application to reseal a letter of administration must be accompanied by a tax clearance certificate, a death certificate, means of identification, and passports of both the deceased and the personal representative(s). A judge may order the advertisement of the application to be resealed. Other requirements include advertisement of the application to reseal, a copy of the Letter of Administration, and an affidavit supporting the advertisement[5]
CONCLUSION
Probate and letters of administration are essential for the effective administration of the estate of the deceased for the benefit of the beneficiaries. As guaranteed by law, the process of resealing further makes it possible to administer the estate of the deceased in another State once the conditions are fulfilled. Hence, it not only stretches the scope of responsibility of the personal representative to administer the estate of the deceased in another State but also removes the possibility of being stuck or stagnated by the inability to administer the estate of the deceased domiciled in another State due to lack of proximity.
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[1] Section 2
[2] Section 1
[3] Section 6
[4] Section 3
[5] Y.Y Dadem, Property Law Practice in Nigeria, 4th edn, pp 322
