UNIT 13

PERSONAL REPRESENTATIVES

Personal Representatives are individuals appointed to manage and distribute the estate of a deceased person. They may be executors appointed under a will or administrators appointed when there is no will. Their primary responsibilities include collecting and managing the deceased’s assets, paying debts, and distributing the remaining estate according to the will or, in the absence of a will, in accordance with intestacy laws. See the wills law (CAP. W2, laws of the federation of Nigeria, 2004) which provides guidelines on the appointment of executors and the probate process and the administration of estates law (varies by state) which governs the appointment of administrators and the administration of estates in the absence of a will. The types of personal representatives includes the following:

1. Executors: Executors are individuals named in a will to carry out the deceased’s wishes. They must apply for a grant of probate to legally execute their duties. See the case of Ogunleye v. Ogunleye (2002) 10 NWLR (Pt. 776) 275 where the court highlights the role of executors in distributing the estate according to the deceased's will and the need for proper probate proceedings.
2. Administrators: When a person dies intestate, that is, without a will, an administrator is appointed. The administrator is usually a close relative or someone eligible under the laws of intestacy. They apply for a grant of letters of administration. See the case of Ojo v. Ojo (2014) 14 NWLR (Pt. 1427) 558 where the court clarifies the duties of administrators in managing and distributing an estate when the deceased did not leave a will.

DUTIES OF PERSONAL REPRESENTATIVES

1. Collection and management of assets: They are responsible for locating and securing the deceased’s assets.
2. Settling debts: Personal representatives must ensure that the deceased’s debts and liabilities are paid before distributing the estate.
3. Distribution of the estate: After settling debts, they distribute the remaining estate to beneficiaries according to the will or intestacy laws.

LIABILITY OF PERSONAL REPRESENTATIVES

Personal representatives are liable for any misconduct or failure to properly manage the estate. They must act in the best interest of the estate and beneficiaries. See the case of Ekpe v. Ekpe (2010) 4 NWLR (Pt. 1186) 397 where the court discusses the accountability of personal representatives in managing the estate and the consequences of failing in their duties.

ASSENT

Assent is the formal act by which a personal representative transfers ownership of estate assets to the beneficiaries. It signifies the completion of the personal representative’s role in transferring property and assets as specified in the will or according to intestacy laws. For the assent to be valid, the personal representative must have legal authority, that is, to obtain the grant of probate or letters of administration and also the personal representative must follow legal procedures, that is, the assent must be in writing and properly executed. See the wills law (CAP. W2, laws of the federation of Nigeria, 2004) which outlines the procedures for the transfer of estate assets by executors and the administration of estates law which provides guidelines for administrators on how to transfer estate assets to beneficiaries. See also the case of Ogunbiyi v. Ogunbiyi (2001) 10 NWLR (Pt. 721) 510 where the court discusses the necessity of formal assent for transferring estate property and the implications of failing to provide it and the case of Ojo v. Ojo (2014) 14 NWLR (Pt. 1427) 558 where the court highlights the process and requirements for effective assent and the consequences of improper execution. The types of assent includes the following:

1. Formal assent: this is a written documentation signed by the personal representative.
2. Implied assent: these are actions that indicate a transfer of property, even without a formal document.

IMPACT OF ASSENT

Once assent is given, the beneficiaries gain legal ownership of the estate assets. The personal representative's role in relation to those assets is considered complete, and they are no longer responsible for those specific assets.

CONCLUSION

The roles of personal representatives and the process of assent are crucial in ensuring that the estate of a deceased person is managed and distributed according to legal requirements. Personal representatives must act diligently and in accordance with the law, while assent formalizes the transfer of estate assets to beneficiaries.