In Nigeria, only executors or administrators who have obtained
Probate or letters of administration possess the legal capacity to sue
or defend actions in a representative capacity on behalf of a
deceased’s estate. However, for privies who often seek to defend
property interests, this rule can lead to significant delays and
procedural obstacles. The uncertainty surrounding their rights to sue
without formal probate or letters creates legal ambiguities and
Sometimes impede access to justice, particularly when it comes to
urgent or time-sensitive claims.
This paper seeks to critically analyse the extent to which privies are
permitted to initiate legal proceedings without first obtaining probate
or letters of administration. It defines key terms and explores
relevant judicial trends, statutory exceptions, and equitable
principles that may allow such actions. https://manifieldsolicitors.com/wp-content/uploads/2025/05/THE-LEGAL-AUTHORITY-OF-PRIVIES-TO-SUE-WITHOUT-PROBATE-OR-LETTERS-OF-ADMINISTRATION_compressed-1.pdf
THELEGAL AUTHORITY OFPRIVIESTO SUE WITHOUTPROBATE ORLETTERS OF ADMINISTRATION
