Hello all, i need views of Nairalanders on this issue, do courts have the right to collect 5% of a dead relatives money assets before giving the relatives of the dead person a document to access his/her account. I recently heard this statement from a colleague who lost a Father, the court is asking for 5% of the assests in the bank before giving them any document to access their Father's money.

Please Lawyers in the house, is this a proper formality in Nigerian Courts.

It actually depends on the circumstances surrounding the death of the deceased. How do I mean? If a person dies without a will, the relatives of the deceased will apply for a letter of Administration. This enables them to deal with the property of the deceased.

The letter of Administration is the legal document that confers authority on the relatives of the deceased to deal with whatever the deceased has left behind.

When an application is made to the state through the Probate Registrar, the applicant will pay the required fees before such Letter of Administration can be issued. Where it is just money in the bank that the applicant is hoping to claim, the court will charge 10% of the total sum in bank plus other administrative fees. For instance if the total sum in the deceased bank account is 5million naira, the state is entitled to 10% of that. These fees are receipted monies and statutorily allowed.

I hope I have helped abit. However, if you need further clarifications, you can hit me up here adeoye dot akson at G mail dot com.

Thanks for the clarification.