PROBATES RE SEALING ACT

What Is This Policy?

This Act provides for the re-sealing in Nigeria of grants of probate and letters of administration issued by courts in certain Commonwealth and other recognised countries, avoiding the need for entirely fresh probate proceedings.

Who Does It Target?

Executors and administrators holding foreign probate grants who need to administer estate assets located in Nigeria Beneficiaries of cross-border estates with assets in Nigeria and other Commonwealth countries Legal practitioners handling international estate administration matters

What Does It Aim to Achieve?

To simplify the administration of cross-border estates by allowing foreign probate grants from recognised jurisdictions to be re-sealed in Nigeria, giving them the same legal effect as a Nigerian grant without requiring entirely new proceedings.

Key Features

Re-Sealing Process: Provides a simplified procedure for having a foreign probate grant or letters of administration officially re-sealed by a Nigerian court Recognised Jurisdictions: Lists the countries or territories whose probate grants are eligible for re-sealing in Nigeria Application Requirements: Sets out the documents required to support an application for re-sealing, including the original grant and affidavits Effect of Re-Sealing: Specifies that a re-sealed grant has the same legal force in Nigeria as a grant originally issued by a Nigerian court Fees and Court Procedure: Prescribes the court in which re-sealing applications must be made and the applicable fees

Current Status

Rollout Stage: In force; applied through the probate divisions of state high courts Coverage: Nationwide; administered through the probate registries of state high courts Funding: Court and probate registry fees

How to Access

Executors holding probate grants from recognised countries must apply to the probate registry of a Nigerian state high court for re-sealing before dealing with assets in Nigeria. Certified copy of the foreign probate grant or letters of administration Death certificate of the deceased Inventory of estate assets located in Nigeria Affidavit verifying the authenticity of the foreign grant Payment of court and probate registry fees Application method: Probate Registry of the relevant State High Court

Official Resources

Website: Contact the relevant State High Court Probate Registry

Legal Framework

Enacted under Section 4 of the 1999 Constitution. Operates alongside the Administration of Estates Act Cap A3 LFN 2004, the Wills Act, the Companies and Allied Matters Act 2020, and relevant provisions of the Probate Rules within each state jurisdiction in Nigeria.