LIABILITY OF EXECUTOR DE SON TORT IN RIVERS STATE: A REVIEW OF ADEMOLA KOLADE & OTHERS V. ALHAJI ABIOLA OGUNTOKUN SC.109/2008

Abstract

Generally, the estate of a deceased person is administered by personal representatives. Where a person dies intestate, letters of administration are required, conferring authority on personal representatives to administer the estate of the deceased. Sometimes, before the grant of letters of administration, the estate is dealt with by heirs. Persons who interfere with the estate of deceased persons without obtaining letters of administration or without being named as executors in a valid will are referred to as executors de son tort. In Kolade v Oguntade, the Supreme Court, considering the Administration of Estates Law of Osun State, ss 4 and 10, among other provisions and case law, held that heirs, even though they have not been issued with letters of administration are regarded as personal representatives and if subsequently they are granted letters of administration, the letters of administration will be deemed to have taken effect from the date of the death of the intestate. This article examines relevant provisions of the laws on administration of estates in Rivers State, arguing that the above position as stated in Kolade v Oguntade should be inapplicable under the Rivers State Administration of Estates Law, 1999.