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NIGERIAN ESTATE PLANNING, ADMINISTRATION & MANAGEMENT LAW CASES [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

Probate: Wills & Testaments  -  Testacy & Intestacy  -  Inheritance & Succession  -  Trusts  -  Customary Inheritance

Comprehensive A-Z PDF Copy of the Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com

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

ADAMO GBOLADE ADEKO  V. IJEBU-ODE DISTRICT COUNCIL

ESTATE ADMINISTRATION AND MANAGEMENT

ADEBAJO V. ADEBAJO (S.C.)

ESTATE ADMINISTRATION AND MANAGEMENT:- Wills - Validity of Will in issue - Issue to be tried settled by parties before trial - Onus of proof - Proponents to establish that testator knew and approved contents of the Will

ADEBAJO V. ADEBAJO

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 

ADELEKE V.  ASERIFA

 

ESTATE ADMINISTRATION LAW:- Land of deceased person under customary law – When deemed family land – Where family has branches – When land deemed partitioned – Relevant considerations

ADEPOJU V. ADEPOJU

 

ADENEKAN ADEMOLA V. HAROLD SODIPO AND OTHERS

ADMINISTRATION OF ESTATES:-When does property of testator pass to the Executors and Trustee of his Will - Removal of Trustee - Whether misconduct amounting to dishonesty need be proved - Exercise of discretionary power of removal by court - How exercised – Rust for sale - When can it be implied - Extent of powers and duties in relation to subject matter of will

 

ADESANYA V. OLATUNJI

PROBATE AND ADMINISTRATION:- Wills -Challenge on the ground that it was not executed by the testator — Onus of proof where one party propounds a Will and the other party challenges it – Onus on Propounder to show prima facie evidence Will in order – When Onus will shift to opposer to substantiate allegations made

ADESUBOKAN V. YUNUSA

ESTATE PLANNING AND MANAGEMENT

ADEYEMI V.  ADEYEMI

 

ADEYINKA V.  OHURUOGU

 

ADISA V. LADOKUN

INHERITANCE AND SUCCESSION:-Declaration of title - Defence raised by court of appeal which is not alleged by the defence- How treated

ADMINISTRATOR-GENERAL V. OLUBAMIWO

ESTATE ADMINISTRATION AND MANAGEMENT

ADOLO OKOTIE-EBOH  V. ALERO JADESIMI

ESTATE ADMINISTRATION LAW:- Locus standi to initiate proceedings relating to property of deceased person – What plaintiff must prove

ADUKE V. ADEGUN

ESTATE ADMINISTRATION AND MANAGEMENT – TRUST:- Beneficiary selling trust property as his own - Trustee aware of trans­action but did nothing - Whether trustee compellable to ratify the trans­action by beneficiary

ADUKE V.  ABIONA

 

AGBAJE V.  ADELEKAN

ADMINISTRATION OF ESTATE MATTERS:- Jurisdiction - High Court overreaching Customary Court – Validity of

AGIDIGBI  V. AGIDIGBI

INHERITANCE:- Benin customary law on inheritance - The “Igiogbe” or last known abode of testator ;Who is entitled to inheritance thereof.

INHERITANCE:- Benin native law and custom on inheritance - Relationship with Wills Law of Bendel State - Section 3(1) Wills Law of Bendel State - How construed.

AGUOCHA V.  AGUOCHA

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

AJAYI V.  AJAYI

 

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

AKINKUNMI  V. SADIQ

ESTATE PLANNING AND ADMINISTRATION – WILL:- Conditions for validity of Will - Where complied with - Duty on court to admit to probate.

ESTATE PLANNING AND ADMINISTRATION –WILL:- Testamentary intention of testator - Duty on court to give effect thereto

AKINNUBI  V. AKINNUBI

ADMINISTRATION OF ESTATES:- Locus standi in estate or succession matters - Legal capacity of infant children to institute proceedings - Determinants of - Relevant consideration

ADMINISTRATION OF ESTATES:- Yoruba customary law of succession - Capacity of widow to sue as her children’s next friend over her deceased husband’s estate

ADMINISTRATION OF ESTATES:- Yoruba customary law of succession Whether widow can administer her deceased husband’s estate

AKINSETE V.  AKINSETE

 

AKINYEDE AND OTHERS. V. OPERE AND OTHERS

ESTATE PLANNING/ADMINISTRATION:–Customary Law - Intestacy - Yoruba custom of distribution - Idi Igi and Ori Ojori - No rule against changing system when dispute arises.

AKINYEMI V. AKINYEMI

 

ALAKE V.  HALID

ESTATE PLANNING/ADMINISTRATION:- Will – Devise – Condition, precedent – Vesting  - Relevant consideration

ALHAJA SUARA YUSUFF  V.  MRS YETUNDE DADA & 3 ORS

ESTATE ADMINISTRATION AND MANAGEMENT:-

ALHAJI IBRAHIM SHEKA V. ALHAJI UMARU BASHARI

ESTATE PLANNING/ADMINISTRATION – WILLS:- Validity of will – Estate of childless woman whose appointed executor predeceased the proving of the Will -  Whether can be contested at the instance of a stranger who is not a beneficiary thereunder – Proper way of contesting same – How treated

ALHAJI RUFAI AGBAJE & ORS V. MRS W.A ADELEKAN & ORS

ESTATE ADMINISTRATION AND MANAGEMENT

ANIEKAN V. ANIEKAN

ESTATE ADMINISTRATION AND MANAGEMENT

ANOWO V. ANOWO

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.

ANYAEGBUNAM V. ANYAEGBUNAM

 

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

APARA V.  APARA

 

AWOBOKUN V.  ADEYEMI

 

B.A. LAWAL AND ORS V.  MESSRS. A. YOUNAN SONS

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

BAKARI V.  REGINA

 

BALOGUN V. NATIONAL BANK OF NIGERIA LTD

 

BANKOLE AND ANOR V. WILLIAMS

ESTATE ADMINISTRATION AND MANAGEMENT

BANKOLE V.  WILLIAMS

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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Contact Editors - Sam Eleanya, Agboola Lola, Ugochi Eleanya - through lawnigeria@gmail.com




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