How Do We Distribute property, when the owner did not make a valid will?

Introduction

Estate distribution without a will.

  The question  is “How do we distribute property when the owner did not make a will? Our people for a host of reasons have a negative attitude towards WILL making and usually don’t leave anything written behind. Since you leave without writing any WILL. What would happen to your assets if you pass without making a will?

The answer is not far fetched, it will depend on who obtain a document known as “Letter of Administration”. This is the legal authority granted by the court to a person known as an administrator, giving power to person to distribute the assets of the deceased.

  The next thing is, who is entitled to be appointed as administrator? The truth of this matter is, it is only the court that has sole discretion on whom to be appointed as administrator as we owe that in the case of WILLIAMS Vs OGUNDIPE.

   There are some certain cases where the estate of the deceased could fall into the wrong hands and that is why Section 49(1) of the administration of estate of law of Lagos list order as follows;

* Husband or wife of the deceased.

* Children of the deceased

* Father or mother of the deceased

* Brother or sister of the deceased

* Creditors of the deceased

* Administrator general, where none of the above people are available.

  It should be noted that, before this can happen, the deceased must have been married at the court registry.

To make a valid will in Nigeria, there are certain conditions and requirements that must be satisfied. They are:

1. The testator must be at least 18 years old.
2. The testator must be sound mind.
3. He must be free from undue influence or duress
4. And must understand the extent of their property and beneficiaries.

  The only way to guide your estate is by making a will. Making a will is not a death wishes. It is the Wisest estate planing decision of a person can take to secure their assets for the benefits of their loved ones.

  A Will allows you to chose the person to distribute your property. It prevents un intended person from inheriting your property.  It prevents delay and frustration of your loved ones when trying to access your assets after your demise.

Conclusion

  Contrary to what you see on your screen everyday, either in movies, skits, or content creating where the family of the deceased will be sitting in the sitting room waiting for the lawyer to come and read the WILL of the late deceased. No! It doesn’t work like that, there is something we called PROBATE REGISTRY. It is a department in high court that handles the legal process for administering a deceased person’s estate. The registry issues grants of probate and letters of administration, which give legal authority to those we will manage the estate.