Administration of Estate

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ADMINISTRATION OF ESTATE.

(1) ADMINISTRATION OF ESTATE GENERALLY.

Can a personal representative administer real estate of a deceased person?

“Section 3(1), (2) and (3) of the Administration of Estates Law of Lagos State which provides

thus: (1) Real Estate to which a deceased person was entitled for an interest not ceasing on his

death shall on his death and notwithstanding any testamentary disposition thereof, devolve from

time to time on the personal representative of the deceased, in like manner as before the

commencement of this law chattels real devolved on the personal representative from time to time

of a deceased person. (2) The personal representatives for the time being of a deceased person are

deemed in law his heirs and assigns within the meaning of all trusts and powers. (3) The personal

representatives shall be the representative of the deceased in regard to his real estate to which he

was entitled for an interest not ceasing on his death aswell as in regard to his personal estate.

Section 2(1) of the said law also defined “Personal Representative “as the executor, original or by

representation, or administrator for the time being of a deceased person”. What is more, a similar

provision of the above law was expounded and given clear interpretation in the case ofOkonyia v.

Ikengah(2001) F.W.L.R. (Pt. 53) 158 at 186, (2001) 2 N.W.L.R. (Pt. 697) 336also cited by the

respondent, wherein the court while citing with approval the case ofJohnson v. Ogunbi(1980) 4

CA277 at 2999, heldinter aliaas follows: “Relying on the decision ofJohnson supra, having

regard to the provision of section 3 of the Administration of Estate Law, Bendel State 1976,I hold

that the respondents, as personal representatives of late George Onyechi Ikengah, have capacity to

institute an actionin respect of the Real estate to which the deceased in this case is entitled by the

operation of law, even where the letters of Administration have not been obtained. Assuming the

Letters of Administration are invalid, I believe they are not, the suit cannot merely be defeated for

that reason alone as the law has cured the situation as rightly argued, in my view, by the learned

counsel for the respondents”. (Italics is for emphasis) I am in total agreement with the above

conclusion in the above cited authority which has given life and light to a similar provision of the

Administration of Estates Law of Lagos and also relied on an earlier authority ofJohnson v.

Ogunbiwhere section 1(1)(2) and (3) of the Administration of Estates Law of Lagos 1972 on all

fours with section 3(1)(2) & (3) of the current law was given interpretation and effect. They said

it all and I agree and abide by the two authorities.” – Per Oseji, J.C.A., in Airtel Networks Ltd. v.

George Suit No. CA/L/572/2010; (2015) 4 N.W.L.R. (Pt. 1448) 60 at 81 - 82.

Power to administer estate of a deceased person.

“I am conscious of the law that it is the Letters of Administration that confer authority to deal with

the estate property on behalf of the beneficiaries. SeeErewa v. Idehen(1971) 1 All N.L.R. 192

and Olowu v. Olowu(1994) 4 N.W.L.R. (Pt. 336) 90.” – Per Oseji, J.C.A., in Airtel Networks Ltd.

v. George Suit No. CA/L/572/2010; (2015) 4 N.W.L.R. (Pt. 1448) 60 at 81.

Can only beneficiary of estate be an administrator of estate.

“With respect to the learned counsel to the appellants, the issue of being a beneficiary is being

confused with the issue of being administrator to an estate. I am not aware of any such law that

says it is only a beneficiary to an estate that can be made an administrator.” – Per Muntaka-

Coomassie, J.C.A., in Emokpae v. Idubor Suit No. CA/B/283/98; (2003) 17 N.W.L.R. (Pt. 849)

290 at 304.

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Propriety of administrator of an estate assimilating the property of the estate to his own. “It

is wrong, in law, for an administrator of an estate or anybody claiming through him, to assimilate

that property to his own, Equity will not even permit that under any guise. To say the least, it is

gross abuse of office. Administrators or executors are trustees of the property placed in their care,

so to say, on trust to the beneficiaries. A heavy duty is placed on those in whom trust and

confidence are reposed to show the righteousness of their transactions with the property entrusted

to them. No ownership known to law can ever be conferred on an administrator in respect of the

property subject-matter of that administration. Suchan administrator, the like of S. E. Lawal,

cannot have possession of such a property which will never have any legal blessings.” – Per

Aderemi, J.S.C., in Ibrahim v. Osunde Suit No. S.C. 189/2002; (2009) 6 N.W.L.R. (Pt. 1138) 382

at 403 - 404.

(2) ADMINISTRATION OF ESTATE LAWS.

Inconsistency of section 120(1)(b) of the Administration and Succession (Estate of Deceased

Persons’) Law of Anambra State, 1991 with section 42(1)(a) of 1999 Constitution.

“Section 120(1)(b) of the Administration and Succession (Estate of Deceased Persons’) Law of

Anambra State, 1991 no doubt, to the extent that it discriminates or dichotomizes between male

and female intestate spouses is inconsistent with section 42(1)(a) ofthe 1999 Laws and to the

extent of such inconsistency ought to be void. This is because by providing that only one third of

the estate of the intestate shall go to “the surviving spouse whose interest shall be absolute in the

case of a husband or for herlife or until her remarriage (which ever first occurs) in the case of a

wife,” the widow is put under great disadvantage particularly in the case of this appellant who had

toiled all these years with her husband and invested her life savings in building the estate now in

dispute only for her to be entitled only to a life interest of one third of the estate and the bulk of

the residue of two thirds of the estate shall devolve on the children of an adulterer who will now

enjoy same absolutely. Definitely, since the Anambra State Succession Law did not envisage this

unwholesome scenario, this Court ought to seek for the aid of Equity and other legislations that

will ameliorate the hardship of the provisions of Section 120(1)(b) of the Administration and

Succession (Estate of Deceased Persons’) Law, Cap. 4, Laws of Anambra State, 1991 in order to

do justice toa childless widow like the appellant.” – PerAgube, J.C.A., in Okonkwo v. Okonkwo

Suit No. CA/E/358/07; (2014) 17 N.W.L.R. (Pt. 1435) 18 at 54.

Meaning of “concurrence” in section 4(2), Administration of Estates Law of Lagos State.

“I am of the view that the expression “concurrence therein” appearing in subsection 4(2) of the

Administration of Estates Law Cap. 2, Laws of Lagos State(supra)means the agreement or

consent of all the personal representatives in the conveyance of the real estate of the deceased.” –

Per Edozie, J.S.C., in Ibrahim v. Ojomo Suit No. S.C. 249/2000; (2004) 4 N.W.L.R. (Pt. 862) 89

at 108.

Purport of Section 1(3) of Administration of Estates Law of Edo State.

“It seems to me that the next question is what is the purport of section 1(3) of the Administration

of Estates Law of Edo State. The said section provides as follows: “Nothing in this law affects the

administration of theestates of deceased persons by or under the authority of any customary Court

unless otherwise expressly provided, the distribution, inheritance or succession of any estate where

such distribution, inheritance or succession is governed by customary law whether such estate is

administered under this law or by or under the authority of a customary Court.” This section has

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been given judicial interpretation in the case of Olowu. v. Olowu (supra) at p.32. In the latter case

of Yusuf v.Dada & Others(1990) 4 N.W.L.R. (Pt. 146) 657at 677, (1990) 7 S.C.N.J. 68 at 85, the

Supreme Court perAgbaje, J.S.C. held as follows: “The net effect of this submission is that the

provisions of the law do not apply to any estate subject to customary law. I have no difficulty in

rejecting this submission which in my view is based in a mis-conception of section 1(3) of the law.

Section 1(3) of the law can be divided into two parts. The first part relates to the administration of

the estates of the deceased persons by or under the authority of any customary Court. The second

part relates to the distribution, inheritance or succession of any estate where such distribution, or

inheritance or succession is governed by customary law whether such estate is administered under

the law or by or under the authority of a customary Court. The first part preserves the

administration of the estate of deceased persons by or under the authority of any customary Court,

the provisions of the law notwithstanding. The second part is designed, unless, expressly otherwise

provided, to preserve the customary law of distribution, inheritance or succession of any estate

where the relevant law is customary law, whether the estate is administered under the provisions

of the law or by or under the authority of a customary law.”– Per Muntaka-Coomassie, J.C.A., in

Emokpae v. Idubor Suit No. CA/B/283/98; (2003) 17 N.W.L.R. (Pt. 849) 290 at 303 - 304.

Rationale for substitution of Regional Laws for English statutes in Western Region of

Nigeria.

“The policy of substitution of Regional Laws for statutes of general application in force in England

on 1st January, 1900 was best described in the preface to the Laws of Western Region of Nigeria,

1959 as follows: “This policy included the substitution ofRegional Laws for such of those statutes

of general application in force in England on 1st January, 1900, and as such in force in the Region,

as were deemed appropriate to the present circumstances of the Region and dealt with as matters

within the competence of its legislature. Bills to give effect to this policy were prepared by the

Commissioner and were enacted for inclusion in the present edition of the Laws of the Region.” –

Per Ayoola, J.S.C., in Salubi v. Nwariaku Suit No. S.C. 120/1997; (2003) 7 N.W.L.R. (Pt. 819)

426 at 450.

Sources of Administration of Estates Law.

“In substituting Regional Laws for those of such English statutes a lot was borrowed from English

statutes more recent than 1900. In several cases the substituted Regional Laws were, indeed,

wholesale transplantation of the then current English statutes with minor modifications. The

sources of several of the provisions of the Administration of Estates Law, both of the former

Western Region of Nigeria and of the former Bendel State were the provisions of the English

Administration of Estates Act, 1925 and ofEnglish statutes later than 1925 amending or adding to

them.” – Per Ayoola, J.S.C., in Salubi v. Nwariaku Suit No. S.C. 120/1997; (2003) 7 N.W.L.R.

(Pt. 819) 426 at 450.

Substitution of Regional Laws for English statutes in Western Region of Nigeria.

“It is a matter of common knowledge that Western Region of Nigeria out of which the then Mid-

West State (which was later named Bend el State of Nigeria) was carved enacted its Administration

of Estates Law in 1959 and that that Region by a deliberate and forward looking policy of

modernizing its statute laws and making it easily accessible to the people ceased to apply statutes

of general application, in force in England on 1st January, 1900 but, rather, received the provisions

of several enactments of England into its legal system by transplanting and domesticating such