In the matter of the Estate of the Late Ojele Clement (Miscellaneous Application No. 74 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Court granted renewal and extension of Letters of Administration for two years where applicant satisfied requirements including beneficiary consent. Court clarified that under s.256(4) of the Succession Act, expiry of Letters of Administration does not apply to pension forming part of the estate, and such pension remains accessible without renewal.
Outcome
Letters of Administration extended for two years; applicant to file inventory and final account within that period
Facts
The applicant was granted Letters of Administration on 11th February 2015 for the estate of the late Ojele Clement. The grant expired on 31st May 2025 under s.337(2) of the Succession Act. The estate includes pension payments. Upon being granted Letters of Administration, the family agreed that all property remains family property for the interest of all beneficiaries. The applicant sought renewal and extension of the grant, supported by consent of the beneficiaries. The bank had suspended operation of the estate account due to expiry of the grant.
Issues
- Whether the applicant has shown sufficient cause for renewal and extension of the expired Letters of Administration.
- Whether the expiry of Letters of Administration affects pension payments forming part of the estate.
Orders
- Letters of Administration granted vide Administration Cause No. 021 of 2015 extended for a period of two years from 31st May 2025.
- Applicant granted leave to file an inventory and final account of the estate within the two-year period.
- For purpose of pension payment, the grant shall remain in force with no need of any further renewal.
- Costs of the application to be met from the estate.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.