Muslim Estate and Probate Practice in Kwara State: A Review of Adua-Tayo Hassan v. Probate Registrar's Case
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Date
2017-07
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Al-Hikmah University Journal of Public and Internatonal Law
Abstract
This paper undertakes a reportage review of the recent development in the issuance of letters of administration and involvement of the Probate Registry of the High Court of Kwara State of Nigeria in the Estates of deceased Muslims. Prior to the development, the Registry had engaged in the issuance of letters of administration on Muslim Estates. Besides, for such letters of administration to be issued, either on Muslim Estates or others, the Applicant would be charged 10% of the worth-net of the property in question. These two acts of the Registry were challenged in a recent case leading to the declarations of both acts as illegal. The new legal regime in the probate practice in the State ushered in by the judicial declarations made on the issue forms the fulcrum of examination in this study.
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AUJPIL