Legal Question in Wills and Trusts in Nigeria

Re: a charge for removing late brothers bank account

We are sorry to hear about your brother and family. We assume that the accident occurred in Nigeria. To help us answer your questions we would like you to provide us with certain information.

As a matter of importance we would like to know the part of Nigeria your bother and family were domiciled before the accident, as different laws apply to different jurisdictions i.e. states.

Again did your family members die interstate (without a Will) or with a Will. Different procedures and rules apply. If with a Will, the Families' lawyers would contact you based on the Will which would have been filed at the High Court of the State of domicile. You would then intsruct an independent Lawyer in the country to follow up on your behalf. This procedure would require you to sign certain documents which would be obtained from the High Court and sent to you via courier for your execution.

If Interstate, then the "next of kin" would be approached by the Families' lawyers. (We assume this is the case here)You will then instruct an independent lawyer who would file certain administration papers on your behalf at the High Court and also follow on the matter.

On the issue of the Bank Account and the payment of the costs as indicated in your mail, we also assume that the account belonged to either your bother or a family memeber. If this is the case then the proper procedure that would be followed would depend if there was a Will or not. These procedures have been explained above.

To enable you have access to the Bank Account, your lawyer would follow up, investigate and ascertain the title of the Bnak Account. Papers of Administration shall be processed, then you can have access to the account. In fact the account would now be treated as yours. The official and professional costs would be for a lesser amount than indicated in your mail.

To aid us ascertain this claim., please send to us the names and personal details of the family lawyer (who contacted you),your brother and other relevant information you may have. These would enable us protect your interest adequetely.

Please do not hesitate to contact us should you require further information or explanation.

Regards