Published on January 21, 2014
INVITATION FOR PUBLIC COMMENTS ON PROPOSED ADMINISTRATOR-GENERAL & PUBLIC TRUSTEE DEPARTMENT OPERATIONAL GUIDELINES IN EKITI STATE 1. INVITATION 1.1 The Ministry of Justice invites interested parties to submit written comments on the proposed draft Directives here. 1.2 The comments on the draft Directives must be submitted not later than 31 January 2014, marked for the attention of The Permanent Secretary, (a) if they are forwarded by post, be addressed to: The Permanent Secretary: Ministry of Justice Phase III, State Secretariat Complex, Ado-Ekiti, (b) if they are delivered by hand, be delivered at: The Permanent Secretary, Ministry of Justice Phase III, State Secretariat Complex, Ado-Ekiti, (c) if they are submitted by email, be emailed to firstname.lastname@example.org 1.3 For further information, please do not hesitate to contact Mr Dayo Apata at 08033070636 1
ADMINISTRATOR-GENERAL & PUBLIC TRUSTEE DEPARTMENT OPERATIONAL GUIDELINES 2
ABOUT THE OFFICE OF ADMINISTRATOR-GENERAL & PUBLIC TRUSTEE The office of Administrator-General and Public Trustee is a statutory office created by law. The office is charged with statutory responsibility of managing and sharing the assets of estate of person(s) who died intestate. The office of Administrator-General & Public Trustee protects the interest of minors, beneficiaries and creditors of estates that the law requires the Administrator-General to administer. OBJECTIVES • The office of Administrator-General & Public Trustee has the mandate to administer the estate of deceased persons who have died intestate and have left children under age of eighteen years. • The legal authority to administer the assets of an estate comes from a grant of Probate or letter of Administrator from the court. • The office of Administrator-General & Public Trustee is headed by the Administrator-General Administrator-General is and Public supported by Trustee. the The Deputy Administrator-General and a pool of professionals and dedicated officials comprising of legal officers, Accountant, Auditor, Administrative officers and other supporting staff. OPERATION OF PUBLIC TRUSTEE i. THE ADMINISTRATOR-GENERAL The office protect and manage estates 3 AND
ii. Recovers assets and proceeds due to estate and settle liabilities iii. Verify and disburse the death benefits to next of kin of public officers who died in active service iv. Facilitate and obtains letter of Administration and reseal same where the other assets are outside Ekiti State v. Partitions and issue vesting Deed to beneficiaries vi. vii. Represent and defend estate in court; and By virtue of section 32 of Administration of Estate Law, Law of Ekiti State, any private Executor or Administrator General by instrument in writing under his hand transfer the assets of the estate in him by virtue of a grant of probate or letter of Administration to the Administrator-General. CATEGORIES OF ESTATE COVERED BY THE OFFICE OF ADMINISTRATOR-GENERAL AND PUBLIC TRUSTEE By the enabling law, the Office of Administrator-General and Public Trustee is empowered to manage the following categories of estate:A. where a minor is a beneficiary in an estate; B. where the deceased person(s) died in active service with or without next of kin; C. where the Administrator-General and Public Trustee is appointed as executor in a Will left by the Testator (author of the Will0; D. where no executor is appointed or where executors appointed in a will have refused to act or have renounced their powers: and E. where a court gives an order. 4
F. Where there is a dispute among the beneficiaries of an estate over the administration of the estate by the next of kin or the appointed executor GUIDELINES. It has been seen over the years that the law tends to tilt in favour of one category of people in the administration of estate of the deceased particularly in the disbursement of fund and other properties. The law gives preference to marriage under the Act as the only at the expense of other form of marriages. A situation where wives under the under the native law and custom marriages are regarded as asset for sharing or inheritance at this present age is repugnant to good conscience and justice. This among other reasons has made the office of the AGPT to draft an operational guideline to guide the proceedings of the office particularly in the disbursement of fund to the beneficiaries. DISBURSING OF FUND 1. SURVIVING SPOUSE(S) a) The surviving Spouse of the deceased under statutory marriage shall be entitled to a net sum of money equivalent to 1/3 of the residuary estate of the deceased spouse. b) Where the marriage between the deceased and the surviving spouse is conducted under the native law and custom, the surviving spouse shall be entitled to 1/5 of the residuary estate of the deceased spouse. c) Where the deceased husband is survived by more than one wife, all the wives and the surviving children shall be entitled to equal sum of money of the residuary estate. 5
d) Where the deceased husband married to two wives under two different types of marriages i.e. Statutory and Native Law and Custom, the following guideline shall be followed. i. Where the first marriage is conducted under Native Law and Custom, and the second marriage under the marriage ordinance, the deceased husband shall be deemed to have married the two wives under the Native Law and Custom. ii. Where the first marriage is conducted under the marriage ordinance and the second marriage is conducted under the Native Law and Custom, the second marriage would be considered not to have taken place. iii. Where the deceased husband married the two surviving wives under the marriage ordinance, the second marriage shall be deemed not to have taken place in the first instance. iv. Where the surviving wife had no child/children for the deceased husband during his lifetime, the surviving wife notwithstanding the type of marriage conducted shall be entitled to one third of the deceased husband estate. CHILDREN The surviving children of the deceased shall be entitled to equal share of the sum of money left after the deductions to the surviving spouse(s). DISBURSEMENT TO MINORS 6
Where the children are minors (under the age of 18 years) the guardian shall be drawing the money in accordance with the needs of the children particularly on their education, health and upbringing RELATIONS Where the deceased leaves one or more of the following that is to say a parent, a brother or sister of the whole blood, or issue of a brother or sister of the whole brother; the following shall apply:- A. PARENT(S) Where the intestate leaves one parent or both parents (whether or not their issue also survive) the residuary estate of the intestate other than personal chattels shall be held in trust for the parent absolutely or as the case may be, for the two parents in equal shares absolutely; B. where the intestate leaves no parent, on the statutory trust for the brothers and sister of the whole blood of the intestate. OTHER RELATIONS If the intestate leaves no husband or wife and no issue and no parent, 7
Then the residuary estate of the intestate shall be held in trust for the following persons living at the death of the intestate, and in the following order and manner, namely; i. First, on the statutory trusts for the brothers and sisters of the whole blood of the intestate; but if no person takes an absolutely vested interest under such trust; then ii. Secondly, on the statutory trusts for the brothers and sisters of the half blood of the intestate, but if no person takes an absolutely vested interest under trust; then iii. Thirdly, for the grandparents of the intestate and, if more than one survive the estate, in equal share; but if there is no member of this class; then iv. Fourthly, on the statutory trusts for the uncles and aunties of the intestate (being brothers or sisters of the half blood of a parent of the intestate) v. where no person take an absolute interest, the residuary estate of the intestate shall belong to the state as bona vacantia. This guideline is made by the Administrator-General and Public Trustee. …………………………………………… L.B. Ojo Esq. And approved by the Attorney General and Commissioner of Justice Ekiti State. 8
……………………………………. Olawale Fapohunda Esq. This ……………………. Day of …………………… 2013 9
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