How to Legally Challenge a Fraudulent Probate Application in Ogun State
Introduction
Probate is the legal process of proving and validating a deceased person’s will and empowering the executor to administer the estate.
In Ogun State, the Probate Registry of the High Court plays a pivotal role in supervising this process. Unfortunately, some individuals exploit the procedure by filing fraudulent probate applications, concealing material facts, forging signatures, or misrepresenting their relationship to the deceased.
Such actions constitute probate fraud, which can deprive rightful heirs of their inheritance and undermine public trust in the judicial process.
This article, prepared by Chaman Law Firm, explains the legal framework and practical steps for challenging a fraudulent probate application in Ogun State.
Understanding Probate Fraud
Probate fraud arises when a person intentionally deceives the Probate Registry or other beneficiaries during the probate process. Common examples include:
Submitting a forged will or altering the genuine one.
Misrepresenting the relationship with the deceased (e.g., posing as next of kin).
Concealing the existence of other heirs or assets.
Inflating debts to misappropriate the estate.
Obtaining letters of administration through false statements or documents.
Under Nigerian law, these acts amount to fraud, forgery, and perjury, attracting civil and criminal liability.
Legal Framework Governing Probate in Ogun State
The probate process in Ogun State is regulated by:
The Administration of Estates Law (Cap. 2, Laws of Ogun State 2006)
The Probate Rules of the High Court of Ogun State
The Criminal Code Act (for offences of fraud and forgery)
The Evidence Act 2011
These laws empower the Probate Registry to issue probate (for testate estates) or letters of administration (for intestate estates) only after proper verification.
If an application is discovered to be fraudulent, the High Court has jurisdiction to revoke the grant and penalize the offender.
Right to Challenge a Probate Application
Any person with a legal or equitable interest in the estate may challenge a fraudulent probate.
This includes:
Lawful heirs or beneficiaries named in the genuine will.
Creditors of the estate.
Family members or next of kin excluded from the process.
Executors named in a genuine earlier will.
Challenges may be raised before or after probate is granted — either by entering a caveat or by filing an application to revoke the grant.
Step-by-Step Process to Challenge a Fraudulent Probate Application in Ogun State
1. Conduct a Search at the Probate Registry
Begin by conducting a formal search at the Ogun State Probate Registry (usually located at the High Court).
This search helps you verify whether a probate or letters of administration has already been issued, and in whose name.
2. File a Caveat (Before the Grant)
If probate has not yet been granted, the first legal remedy is to enter a caveat at the Probate Registry.
A caveat is a formal notice preventing the court from issuing probate until the matter is investigated.
The caveator must file an affidavit stating reasons for the objection (e.g., suspected forgery or fraud).
Upon receipt, the Registrar will issue a warning to the applicant, and proceedings are suspended until the dispute is resolved.
3. File a Motion to Revoke Probate (After the Grant)
If probate has already been granted, an aggrieved party may apply to the High Court for revocation of the grant under Order 63 of the High Court (Civil Procedure) Rules.
Grounds for revocation include:
False representation in the application.
Suppression or concealment of material facts.
Forgery or alteration of the will.
Failure to account for estate assets.
Discovery of a later valid will.
The applicant must file a motion on notice, supported by an affidavit detailing the facts of the fraud, and attach relevant documents.
4. Apply for an Injunction
Pending the determination of the case, the applicant may seek an interim injunction restraining the fraudulent administrator from disposing of estate assets.
The injunction preserves the estate and prevents irreversible damage.
5. Institute a Criminal Complaint
Probate fraud also constitutes a criminal offence under Sections 363–366 of the Criminal Code Act, covering forgery and false declarations.
A formal complaint may be lodged with the Nigeria Police Force or the Economic and Financial Crimes Commission (EFCC) where financial misappropriation is involved.
6. Petition the Chief Judge or Probate Registrar
If there is evidence of misconduct by court staff or manipulation of the process, a formal petition may be addressed to the Chief Judge of Ogun State or the Probate Registrar, seeking administrative review.
Evidentiary Requirements in Challenging Fraudulent Probate
To succeed in court, the challenger must present credible evidence proving fraud or material misrepresentation.
Such evidence may include:
The genuine original will or earlier version.
Signature analysis by handwriting experts.
Death certificate, showing inconsistencies with the application.
Affidavits from witnesses to the genuine will.
Receipts or land documents proving ownership of property mis-declared in the application.
Under Section 135 of the Evidence Act, the burden of proof lies on the person alleging fraud, and the standard is proof beyond reasonable doubt in criminal cases or clear and convincing evidence in civil applications.
Judicial Precedents on Revocation of Fraudulent Grants
Nigerian courts have revoked probate grants obtained through fraud in several landmark cases:
Olowu v. Olowu (1985) 3 NWLR (Pt. 13) 372 – The court held that a grant obtained through misrepresentation can be revoked even after distribution of the estate.
Falade v. Ogundimu (1999) 2 NWLR (Pt. 592) 559 – Probate was set aside where the applicant concealed the existence of a surviving child.
In Re Estate of Chief Ogunbanjo (Unreported, High Court of Ogun State, 2004) – The court emphasized that concealment of material facts amounts to probate fraud punishable under both civil and criminal law.
These cases affirm that the court will not hesitate to nullify any grant obtained deceitfully.
Possible Remedies and Court Orders
If the challenge succeeds, the court may:
Revoke or annul the fraudulent grant of probate or letters of administration.
Appoint new administrators to take over the estate.
Order restitution or recovery of property wrongfully transferred.
Refer the matter for criminal prosecution of the offenders.
Award costs and damages to the rightful beneficiaries.
The goal is to restore justice, prevent unjust enrichment, and preserve the integrity of the probate process.
Time Limits and Procedural Considerations
There is no strict limitation period for challenging a fraudulent probate grant, especially where fraud is alleged, since fraud vitiates all transactions.
However, it is advisable to act promptly once evidence emerges, to prevent the estate from being dissipated.
Applications are typically filed at the Probate Division of the Ogun State High Court located in Abeokuta or other judicial divisions.
Engaging an experienced probate lawyer ensures compliance with all procedural requirements and timely filings.
Practical Tips for Preventing Probate Fraud
Always register your will with the Probate Registry to ensure authenticity.
Appoint trustworthy executors and ensure witnesses are credible.
Inform family members about the existence of your will.
Keep original land and property documents securely.
Retain legal representation for estate administration.
Monitor public notices from the Probate Registry to detect fraudulent applications early.
Role of a Probate Lawyer in Ogun State
A competent probate lawyer provides essential services in preventing and combating probate fraud.
At Chaman Law Firm, we:
Conduct legal due diligence at the Probate Registry.
File caveats and applications for revocation of grants.
Represent heirs and executors in probate litigation.
Liaise with police and regulatory bodies to investigate fraudulent claims.
Secure injunctions to protect estate assets.
Our legal expertise ensures that justice prevails, and legitimate heirs retain their rightful inheritance.
Conclusion and Call to Action
Fraudulent probate applications pose a serious threat to justice and property rights in Ogun State.
However, with the right legal approach, such deceitful actions can be effectively challenged and nullified.
If you suspect that a probate or letters of administration was obtained fraudulently, act swiftly — every day of delay could endanger your inheritance.
At Chaman Law Firm, our experienced probate and property lawyers are ready to help you investigate, challenge, and overturn fraudulent grants.
We combine legal precision, courtroom advocacy, and ethical diligence to protect your estate rights.