RESEALING OF WILLS AND LETTERS OF ADMINISTRATION IN NIGERIA: HOW IT WORKS

This article provides an overview of resealing in Nigeria and what you need to know about the process.

A Grant of Probate and Letters of Administration are documents from the court that allow personal representatives to manage a deceased person’s estate. Probate is given when the person died with a will. Meanwhile, Letters of Administration are issued when the person died without a will. Once these documents are granted, the personal representatives can handle the deceased’s assets only within the state where the grant was issued.

However, there may be times when the personal representatives must manage assets located in other states. In such cases, they can extend their authority through a process called resealing.

A Grant of Probate or Letters of Administration is issued by the High Court and gives it legal authority. However, if the deceased owned assets in a different court’s area, this grant may not be accepted there. To avoid starting new probate processes in every location where the estate has assets, Nigerian law allows for resealing grants. Resealing helps a valid grant from one High Court be recognized and enforced by another High Court. This process makes it easier to manage estates across different areas.

WHAT IS RESEALING?

Resealing is the judicial process through which a Grant of Probate or Letters of Administration issued by one competent court is recognized, authenticated and endorsed by another court of concurrent jurisdiction. Upon resealing, the grant assumes the same legal force and effect as though it had originally been issued by the resealing court.[1] Unlike obtaining a fresh grant, resealing merely extends the territorial jurisdiction and enforceability of an already valid grant.

The principal legislation regulating resealing in Nigeria is the Probates (Resealing) Act, Cap. P33, Laws of the Federation of Nigeria 2004. Section 2 of the Act empowers the High Court of one State to recognize and reseal a grant issued by the High Court of another State. Section 6 provides that a resealed grant “shall have the like force and effect and have the same operation” as though it had originally been granted by the receiving court. This provision reflects the legislative intention to promote the efficient administration of estates. It means executors or administrators are not compelled to institute fresh probate proceedings in every State where estate assets are situated. The Act empowers the High Court of a State to reseal Probate or Letters of Administration granted by another competent court. However, the practical procedure for resealing is supplemented by:

1. State High Court (Civil Procedure) Rules;
2. Probate Rules of individual States;
3. Administration of Estates Laws of various States; and
4. Practice Directions issued by Probate Registries.

Consequently, although the substantive law governing resealing is largely uniform, procedural requirements are influenced by local probate rules[2]

GROUNDS FOR THE RESEALING OF WILLS AND LETTERS OF ADMINISTRATION

The resealing of a Grant of Probate or Letters of Administration becomes necessary whenever the authority conferred by a probate grant issued by one court is required to be exercised in another jurisdiction. In Nigeria, a Grant of Probate or Letters of Administration is only valid within the area where the High Court issued it. If you want it to be recognised in another area, it must be resealed by a different High Court of the State you want it to be recognised according to the Probates (Resealing) Act, Cap. P33, Laws of the Federation of Nigeria 2004.

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. It also 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.

1. Where the Deceased Owned Assets in More Than One State: The most common situation that requires resealing occurs when a deceased person owned movable or immovable assets in multiple states within the federation. Since the authority of the executor or administrator is initially limited to the jurisdiction where the grant was issued, the grant must be resealed in each state where the deceased’s assets are located before those assets can be lawfully managed. This process ensures that the personal representatives hold legal authority recognized by the courts of the state in which the assets are situated. For example, where Probate is granted by the High Court of Rivers State, but the deceased owned residential property in Lagos State, the executors cannot validly transfer, mortgage or sell the Lagos property until the grant has been resealed by the High Court of Lagos State.
2. Where the Deceased Owned Immovable Property Outside the State of the Original Grant: Land and buildings are governed by the principle of lex situs, meaning that rights relating to immovable property are generally determined by the law of the place where the property is situated. Consequently, where the deceased owned landed property in another State, a resealed grant is required before the executors or administrators may perfect title, register conveyances, obtain Governor’s Consent where applicable, or otherwise deal with the property.[3]
3. Where Financial Institutions Require Local Recognition of the Grant: Banks and other financial institutions frequently require a grant recognized within their jurisdiction before releasing funds belonging to a deceased customer. Accordingly, where bank accounts, fixed deposits or other financial assets are maintained in another State, the personal representatives may be required to obtain a resealed grant before they can access or distribute such funds. This practice protects financial institutions from liability arising from payments made to persons lacking recognized legal authority.[4]
4. Where the Deceased Held Shares, Investments or Corporate Interests in Another State: Resealing may also become necessary where the deceased maintained investment portfolios, company shares or other securities administered outside the jurisdiction of the original grant. Registrars, stockbrokers and corporate entities commonly insist on a resealed grant before recognizing the authority of executors or administrators to transfer or realize such investments.[5]
5. Where Estate Administration Extends Across Multiple Jurisdictions: With increasing interstate migration and investment, many Nigerians now own assets spread across several States. Rather than commence separate probate proceedings in each State, the law permits the original grant to be resealed. This promotes efficiency, reduces costs and prevents unnecessary duplication of probate proceedings while ensuring that the personal representatives act under judicial authority recognized by each relevant State (Probates (Resealing) Act, Cap. P33, LFN 2004).[6]
6. Where the Original Grant Was Issued in a Recognized Commonwealth Jurisdiction: The Probates (Resealing) Act also permits the resealing in Nigeria of Probate or Letters of Administration granted by courts in certain Commonwealth jurisdictions, subject to compliance with the statutory requirements. Thus, where a deceased person obtained a grant in a recognized Commonwealth country but left assets in Nigeria, the personal representatives may apply to the appropriate Nigerian High Court to have the foreign grant resealed instead of commencing fresh probate proceedings.[7]
7. Where the Original Grant Must Be Recognized for Litigation or Transactions in Another State: Resealing may also be required where executors or administrators intend to institute or defend legal proceedings, execute conveyancing documents, recover debts, or perform any legal act concerning estate assets situated outside the State where the original grant was issued. Once resealed, the grant enjoys the same legal force and effect as though it had originally been issued by the receiving High Court (Probates (Resealing) Act, Cap. P33, LFN 2004).[8]

WHO CAN APPLY FOR THE RESEALING OF PROBATE OR LETTERS OF ADMINISTRATION?

The right to apply for the resealing of a Grant of Probate or Letters of Administration is generally vested in the personal representatives of the deceased, that is, the executors named in the Will or the administrators to whom Letters of Administration have already been granted by a competent court. The rationale is that resealing extends the legal effect of an existing one to another jurisdiction and not only to create a new grant. Consequently, only those who already possess legal authority to administer the estate may ordinarily seek its recognition in another State.

1. Executors Named in the Will: An executor appointed under a valid Will and to whom Probate has been granted by a competent High Court may apply for the resealing of that Probate in another State where the deceased owned assets. Upon resealing, the executor acquires the same authority in the receiving State as if the Probate had originally been granted there.
2. Administrators Appointed by the Court: Where the deceased died intestate (without leaving a valid Will), or where Letters of Administration have been issued for any other reason, the court-appointed administrator(s) may apply for resealing in another jurisdiction. Since administrators derive their authority from the court rather than from the deceased’s Will, they must present the original grant of Letters of Administration together with the prescribed supporting documents.
3. A Person Authorized by the Personal Representatives: An application for resealing may also be made by a solicitor, attorney, or other duly authorized person acting on behalf of the executor or administrator. Such authority is typically evidenced by a written authorization or power of attorney, particularly where the personal representative resides outside the jurisdiction in which resealing is sought.
4. Joint Executors or Joint Administrators: Where the original Grant of Probate or Letters of Administration was issued to two or more personal representatives, the general rule is that all the grantees must join in the application for resealing, unless the court orders otherwise. This requirement reflects the principle that joint executors or administrators constitute a single legal office and must act collectively in administering the estate. Nigerian courts have affirmed this principle, holding that one joint administrator cannot ordinarily act without the concurrence of the others unless authorized by law or by an order of court.

REQUIREMENTS FOR RESEALING OF WILLS AND LETTERS OF ADMINISTRATION

1. A Valid Existing Grant of Probate or Letters of Administration: The foremost requirement is that there must already exist a valid Grant of Probate or Letters of Administration issued by a competent High Court in Nigeria or, where applicable, by a court in a recognized Commonwealth country. Resealing does not create a new grant; rather, it extends the legal effect of an existing grant to another jurisdiction. Consequently, a grant that has been revoked, suspended or declared invalid cannot be resealed.
2. Certified True Copy of the Original Grant: The applicant must submit a Certified True Copy (CTC) of the original Grant of Probate or Letters of Administration issued by the court of first instance. This document enables the Probate Registry to verify the authenticity of the grant before recognizing it within its jurisdiction. In many jurisdictions, multiple certified copies may be required.
3. Formal Application for Resealing: The personal representative must complete and submit the prescribed application forms issued by the Probate Registry of the receiving State. Depending on the jurisdiction, these forms may include:
4. Application for Resealing;
5. Oath for Resealing;
6. Bond for Resealing (particularly in cases involving Letters of Administration); and
7. Supporting affidavits verifying the facts relied upon in the application.
8. Death Certificate of the Deceased: The applicant is required to produce the deceased’s death certificate or, where unavailable, any other legally acceptable evidence of death, such as an affidavit explaining the absence or loss of the certificate, subject to the practice of the relevant Probate Registry.
9. Inventory or Schedule of Assets Within the Jurisdiction: The Probate Registry generally requires a schedule identifying the assets located within the State where resealing is sought. Such assets may include landed property, bank accounts, company shares, investments, motor vehicles, and other movable or immovable property. The inventory assists the Registry in determining the scope of the resealed grant and, where applicable, the assessment of probate fees.
10. Means of Identification of the Personal Representatives: Applicants are generally required to provide valid means of identification, such as a National Identity Card, an International Passport, Driver’s Licence, or Permanent Voter’s Card. This enables the Probate Registry to verify the identity of the executors or administrators applying for resealing.[9]
11. Passport Photographs: Most Probate Registries require recent passport photographs of the executors or administrators. Some jurisdictions also request a passport photograph of the deceased for administrative purposes.[10]
12. Payment of Probate Fees and Estate Duties: Before a grant can be resealed, the applicant must pay the prescribed filing fees, probate charges and, where applicable, estate duties assessed by the Probate Registry. Section 3 of the Probates (Resealing) Act makes compliance with applicable probate duties a condition precedent to resealing. The amount payable varies from one State to another, often depending on the value of the assets situated within the jurisdiction.
13. Provision of Security or Administration Bond: Where the application relates to Letters of Administration, the court may require the administrator to furnish an administration bond or other adequate security before resealing the grant. This requirement serves to protect creditors and beneficiaries against any loss arising from maladministration of the estate. The High Court may also require additional security where it considers such protection necessary.
14. Publication of Notice (Where Required): In some States, the application for resealing is advertised in a widely circulated newspaper or by other prescribed means to notify creditors and interested persons. During this period, any person with a legitimate interest in the estate may enter a caveat or object to the resealing. Where no objection is received within the stipulated period, and all statutory conditions have been fulfilled, the Probate Registry proceeds with the resealing of the grant. Since publication requirements are governed by State Probate Rules, they are not uniform throughout Nigeria.

 PROCEDURE FOR RESEALING IN NIGERIA

General Procedure for Resealing

1. Filing an Application at the Appropriate Probate Registry: The process begins with an application to the Probate Registry of the High Court in the State where the deceased’s assets are situated. The application is made by the executor, administrator, or another person legally entitled to seek resealing. The application is usually accompanied by the prescribed forms, affidavits, and supporting documents required by the receiving State.
2. Submission of Supporting Documents: The applicant submits all relevant documents, including the Certified True Copy of the original Grant of Probate or Letters of Administration, Certified copy of the Will (where applicable), Death Certificate of the deceased, Inventory or schedule of assets situated within the State, Means of identification of the personal representatives, Passport photographs, Affidavit in support of the application, and any other documents prescribed by the Probate Registry. These documents enable the Probate Registrar to verify the authenticity and validity of the original grant before recommending resealing.
3. Assessment and Payment of Probate Fees: Upon receipt of the application, the Probate Registry assesses the applicable filing fees, probate charges and estate duties payable. Under Section 3 of the Probates (Resealing) Act, resealing cannot ordinarily be granted until the court is satisfied that all applicable probate duties relating to the estate have been paid. The amount payable varies depending on the value of the estate and the fee schedule of the particular State.
4. Verification by the Probate Registry: The Probate Registrar verifies the authenticity of the original grant; the jurisdiction of the issuing court; whether the grant remains valid and has not been revoked; compliance with statutory requirements; and the sufficiency of the accompanying documents. In some instances, the Registry may request additional information or require corrections before the application proceeds.
5. Publication of Notice: Some States require the application for resealing to be advertised in a national or local newspaper, the State Gazette, or another medium approved by the court. The purpose of publication is to notify creditors, beneficiaries and other interested persons, thereby allowing them to lodge objections or enter a caveat where appropriate. However, publication is not a universal requirement and depends on the Probate Rules or administrative practice of the particular State.
6. Judicial Consideration and Approval: After verifying compliance with the statutory and procedural requirements, the Probate Registrar forwards the application to a Judge of the High Court. Where the Judge is satisfied that all legal requirements have been met, an order is made directing that the Grant of Probate or Letters of Administration be resealed.
7. Issuance of the Resealed Grant: Upon the court’s approval, the original grant is endorsed with the seal of the High Court of the receiving State. By virtue of Section 6 of the Probate (Resealing) Act, the resealed grant has the same force and legal effect as if it had originally been granted by that High Court. Consequently, the executors or administrators may lawfully administer the deceased’s assets within that jurisdiction.

ARE THE PROCEDURES FOR RESEALING SIMILAR IN ALL STATES IN NIGERIA?

Although the legal basis for resealing in Nigeria is uniform nationwide under the Probates (Resealing) Act, the practical procedures vary from State to State. This variation exists because each High Court makes its own Probate Rules pursuant to Section 7 of the Act.[11]

The principal areas of variation among different states/jurisdictions include:

1. Documentation Requirements: Some Probate Registries require additional documents such as: Tax Clearance Certificates; property valuation reports; bank verification documents; administration bonds; or supplementary affidavits; but other States may not require these documents.
2. Filing Fees and Probate Charges: Probate fees differ significantly among States. While some States calculate fees based on the market value of assets situated within the jurisdiction, others apply different assessment methods prescribed by local Probate Rules.
3. Prescribed Forms: Each Probate Registry adopts its own application forms and administrative procedures. Consequently, forms accepted in one State may not satisfy the procedural requirements of another State.
4. Processing Time: The duration for obtaining a resealed grant differs considerably depending on the administrative efficiency of the Probate Registry, the complexity of the estate, and whether all required documents are submitted at the outset.
5. Publication and Notice Requirements: While some States insist on newspaper publication or other public notice before resealing is approved, others may determine applications administratively without requiring publication. This difference reflects the autonomy of State High Courts in regulating probate practice.

CONCLUSION

The process of resealing in Nigeria is crucial for managing estates with assets in different areas of Nigeria. It allows personal representatives to use an existing grant to extend their legal authority. They can do this without starting new probate cases in every State where the deceased owned property.

The Probate (Resealing) Act, Cap. P33 of the Laws of the Federation of Nigeria 2004 sets out a standard legal process for resealing. However, the steps and practices can differ from one State to another. Therefore, legal practitioners and personal representatives must follow the Probate Rules and Practice Directions that apply in their specific area.

Ultimately, a proper understanding of the resealing process promotes efficient estate administration. It safeguards the interests of beneficiaries and creditors, and facilitates the seamless transfer and management of a deceased person’s assets across Nigeria.

For enquiries about resealing in Nigeria, you may contact us via the live chat icons on the left or right side of this page, or send an email by filling out this form, and we’ll respond to you.

[1] (Probates (Resealing) Act, Cap. P33, LFN 2004).

[2] Aguda, T. A. (1985). Practice and Procedure of the Supreme Court, Court of Appeal and High Courts of Nigeria. Sweet & Maxwell.

[3]https://www.researchgate.net/publication/399952079_An_Examination_of_the_Administration_of_Estate_Under_the_Nigerian_Property_Law

[4] https://tundeadisa.com/media_insights/resealing-of-grant-of-probate-and-letters-of-administrationin-nigeria/

[5] https://www.patrelipartners.com/resealing-of-wills-and-letters-of-administration-in-nigeria/

[6] https://www.ecolex.org/details/legislation/probates-re-sealing-act-lex-faoc120888/

[7] https://legaldoc.ng/articles/property-law/how-to-reseal-a-grant-of-probate-or-letters-of-administration-in-lagos-state

[8] https://www.ecolex.org/details/legislation/probates-re-sealing-act-lex-faoc120888/

[9] https://probate.lagosjudiciary.gov.ng/home/

[10] https://probate.lagosjudiciary.gov.ng/home/

[11] https://www.ecolex.org/details/legislation/probates-re-sealing-act-lex-faoc120888/