ESTATE MANAGEMENT-PLANNING-ADMINISTRATION LAW CASES/JUDGMENTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
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TITLE |
MAIN ISSUES |
| ABISOGUN V. ABISOGUN AND OTHERS |
ESTATE ADMINISTRATION: – Probate – Grant of letters of administration pursuant to distribution of personal estate of deceased – Interest of children born within and out of wedlock – Effects of legitimacy, valid marriage and legitimation – Relevant considerations |
| ADMINISTRATION OF ESTATES:- WILL – Requirements for the validity of a Will – Effect of a wrong date – Testamentary capacity of Testator – Burden of proving due execution | |
| ADEGBOLA V. FOLARANMI |
ESTATE ADMINISTRATION – SUCCESSION: – Legitimacy and succession – Children born of legally recognised marital union – Relevant considerations |
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ESTATE ADMINISTRATION LAW:- Land of deceased person under customary law – When deemed family land – Where family has branches – When land deemed partitioned – Relevant considerations |
| ADOLO OKOTIE-EBOH V. ALERO JADESIMI |
ESTATE ADMINISTRATION LAW:- Locus standi to initiate proceedings relating to property of deceased person – What plaintiff must prove |
| ESTATE ADMINISTRATION/PLANNING:- Trust arising out of a Will – Where Will grants discretion to Executrix of an estate to maintain specified person – Nature of duty created – How discretion is exercised – Where discretion is neglected and duty performed – Whether Court can interfere – Right of beneficiaries under the trust to enforce the trust – Relevant considerations | |
| AGUSTO V. DADA |
ESTATE ADMINISTRATION AND SUCCESSION: – Inheritance – Entitlement to property in dispute, by virtue of a devise in a Will – Transfer of interest in portion of property to care-taker of same – Need for transfer to be pleaded and proved – Effect of failure thereto |
| ESTATE ADMINISTRATION/PLANNING:- Sum due on a life assurance policy taken out by deceased person with two named beneficiaries in case of death – Whether can be enforced by representatives of the estate of the deceased person – Justification of | |
| AJAO V. SONOLA |
ESTATE ADMINISTRATION:- Intestacy –Statutes and customary law rules – Whether can operate together ESTATE ADMINISTRATION:- Estate administration proceedings – Party asserting status as administrator – Extent of powers with regards to dealings with the estate – Need to prove ongoing status as administrator |
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ALAKE V. HALID |
ESTATE PLANNING/ADMINISTRATION:- Will – Devise – Condition, precedent – Vesting – Relevant consideration |
| ANEKWE V. NWEKE |
ESTATE ADMINISTRATION: – Succession rights – Awka customary law – Right of widow of deceased person – Disinheritance of widows without male children – Legality thereof |
| ADMINISTRATION OF ESTATES – Administration of estate and distribution of estate – Distinction.
ADMINISTRATION OF ESTATES – Appointment of receiver by court to administer estate pending litigation over same – Principles applicable. ADMINISTRATION OF ESTATES -Dispute arising as to who to administer estate – Appointment of the Administrator-General as receiver and administrator during pendency of suit – Whether proper. |
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| AREFUNWON V. BARBER II |
ESTATE ADMINISTRATION:- Purported inheritance of property under mortgage – Where mortgage has been repaid – Whether actions tending towards possessory rights by heirs of mortgagee can found a claim for title – How treated |
| REAL ESTATE/LAND LAW:- Sale of property and passage of property – Onus of proof – On whom lies – When proof of long possession can avail a claimant to title over land | |
| ASERE V ASERE |
ESTATE ADMINISTRATION/PLANNING:– Application for letters of administration – Who may apply – Discretion of Court to grant – How exercised |
| ESTATE ADMINISTRATION: – Claim to recover under the Fatal Accidents Act – Effect of a grant to administer estate of deceased person made by a customary court – Whether personal representatives improperly constituted and suit incompetent | |
| BABA v. BABA |
ESTATES ADMINISTRATION AND PLANNING:- Succession under Islamic law – Share of inheritance – Where wrongfully withheld – How resolved |
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ESTATE ADMINISTRATION – WILLS AND PROBATE:- Wills – Interpretation and Construction of same – Condition deemed in partial restraint of marriage – Term deemed void for uncertainty ESTATE ADMINISTRATION – WILLS AND PROBATE:- Establishment of Trust fund via will fed by rents collected on properties for education of some children—Paramount trust fund clause – Effect on Gift to son of premises consisting of un rented house and rented shop – Whether rent from shop in gifted house contemplated as part of trust fund – whether legitimate son takes gift of House free from any liability to the trust fund created for the education of the illegitimate children ESTATE ADMINISTRATION – WILLS AND PROBATE:- Construction of will – Gift of house “provided that [done] does not marry a foreigner” – Whether void for uncertainty – Whether marriage of a non-foreigner vests the property immediately on son or after a period of time -Attitude of the law favours early vesting |
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| ESTATE ADMINISTRATION – WILLS:- Validity of Will and Testamentary Capacity – Partial Unsoundness of Mind – Mental Delusions | |
| BARRATT V. GOUGH-THOMAS |
STATE ADMINISTRATION/PLANNING:- Solicitor acting as co-executor of deceased client’s estate – Mortgage transaction between deceased client and another client – Whether solicitor can exercise a right of lien over mortgage deeds on account of fees – Conflict of interests relative to other co-executors – How treated |
| ESTATE ADMINISTRATION AND PLANNING:- Will – Validity – Testator enfeebled by disease – Memory deficient – Existence of near relatives forgotten – Estate left to strangers – Whether ground for invalidation | |
| BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORS |
ESTATE ADMINISTRATION:- Persons that are entitled to Letters of Administration over the estate of a deceased person – Children of divorced wife of deceased person and his siblings – Where divorce is based on ground of impotence of deceased husband – Relevance and effect of State law governing estate administration |
| ESTATE ADMINISTRATION – TRUST: Implied trust – Matrimonial homes and jointly purchased property – Nature of interest created – Applicable Principles | |
| BICKERSTETH (SINCE DECEASED) AND ANOTHER V. SHANU |
ESTATE ADMINISTRATION/PLANNING:- Will – Devise of real estate to testator’s underage son – To “take effect” upon his attaining the age of twenty-five years – Where devise vested at testator’s death and not contingent on son attaining twenty-five – Rule of early vesting – Effect |
| ESTATE ADMINISTRATION:- Action for damages commenced by deceased person – Right of spouse of deceased person as Executor of Estate to maintain suit and claim award of damages | |
| BOWSKILL V. DAWSON AND ANOTHER |
ESTATE ADMINISTRATION:- Action for damages brought against deceased cyclist’ estate – Damage to vehicle due to negligent driving – Prove of |
| ESTATE ADMINISTRATION/MANAGEMENT:- Trust fund set aside to pay annuitant – Contract of sale – Annuitant – Misrepresentation as to possession of aggregable estate by annuitant – Relevance | |
| CHIEF EYO EDEM NSEFIK (SINCE DEAD) & ORS V. ROSEMARY MUNA & ORS |
ESTATE ADMINISTRATION – PROBATE AND WILL:- Stages and principles to follow in the Administration of the deceased estate – When a testamentary document is being propounded by the executors – After probate has been granted to the executors upon their application – Relevant considerations ESTATE ADMINISTRATION – PROBATE AND WILL:- Stage at which propounder of a Will is required to prove its validity – Whether before Probate is granted when the Registry usually publishes a Notice to enable any interested party to enter a caveat usually to contest the Will ESTATE ADMINISTRATION – PROBATE AND WILLS – GRANT OF PROBATE: – Procedures for the grant of probate of a will – Whether Probate may be granted either in common form or in solemn form |
| ESTATE ADMINISTRATION – SUCCESSION:- Succession under customary law – Yoruba polygamous family – Custom of dividing estate according to the number of wives – Whether repugnant to equity and fairness – Whether abrogated in place of a system of equal division among all the children of the marriage without regard to the number of wives | |
| DR. BENJAMIN OHIAERI V. ALHAJI B. I. YUSSUF & ORS |
ESTATE ADMINISTRATION/MANAGEMENT – PROBATE – CONCURRENCE OF ADMINISTRATORS: When the Court will find concurrence of Administrators – Relevant considerations |
| ESTATE ADMINISTRATION – GRANTOF LETTERS OF ADMINISTRATION:- How exercised | |
| ELIZABETH ETIM ENEYO V. ADIM EFFIOM NSA & ANOR |
ESTATE ADMINISTRATION:- Existing judicial orders made against deceased owner of estate – When time-bound and relates to the satisfaction of a debt – Duty of estate administrators/ heirs thereto – How considered |
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