Draft Of Ekiti State Administrator General & Public Trustees Department Operational Guidelines

1. 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
dapata@ekistate.gov.ng
1.3 For further information, please do not hesitate to contact Mr
Dayo Apata at 08033070636
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2. ADMINISTRATOR-GENERAL & PUBLIC
TRUSTEE DEPARTMENT OPERATIONAL
GUIDELINES
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3. 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
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AND

4. 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.
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5. 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.
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6. 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
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7. 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,
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8. 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.
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9. …………………………………….
Olawale Fapohunda Esq.
This ……………………. Day of …………………… 2013
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