Challenging a Fraudulent Probate Application in Lagos: A Legal Guide

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Introduction

Probate in Lagos represents the judicial seal that validates a deceased person’s will and authorizes the executor to manage the estate. Unfortunately, this solemn legal process is sometimes abused. Across Nigeria, and particularly in Lagos, cases abound where dishonest individuals forge wills, falsify signatures, conceal material facts, or file fraudulent probate applications to hijack family property.

A fraudulent probate application is not just a civil wrong—it is a direct assault on justice, family harmony, and the memory of the deceased. For families and beneficiaries, knowing how to identify, challenge, and nullify such fraudulent acts is critical to preserving rightful inheritance and protecting estate assets.

This article offers a detailed legal guide for families, beneficiaries, executors, and lawyers on how to challenge a fraudulent probate application in Lagos. It covers the legal framework, procedural steps, court remedies, and strategic advice drawn from Nigerian case law and probate practice.

1. Understanding Probate and Its Legal Significance

Probate is the judicial process through which a will is proven valid and executors are authorized to manage the deceased’s estate. The Probate Registry of the High Court of Lagos State oversees this process under the Administration of Estates Law of Lagos State and Probate Rules.

Without probate, executors cannot lawfully:

Transfer or sell estate property.
Access bank accounts.
Pay debts or distribute inheritances.

However, when probate is obtained through fraud, forgery, or misrepresentation, the entire process becomes voidable and may be revoked by the court.

2. What Constitutes a Fraudulent Probate Application

A fraudulent probate application occurs when a person deliberately misleads the Probate Registry or the court to obtain a grant of probate or letters of administration by false means.

Common Examples Include:

Forging or altering the deceased’s will.
Submitting a fake death certificate.
Concealing existing beneficiaries or next-of-kin.
Presenting false inventories or undervaluing estate assets.
Impersonating the lawful executor or administrator.
Colluding with registry officials to secure unlawful grants.
Destroying or hiding an existing valid will.

Under Lagos law, such conduct amounts to probate fraud and is punishable both civilly and criminally.

3. Legal Framework Governing Probate in Lagos

The key laws regulating probate and estate administration in Lagos include:

Administration of Estates Law, Cap A3, Laws of Lagos State.
Probate Rules of the High Court of Lagos State.
Wills Law of Lagos State (1990 as amended).
Evidence Act (2011).
Criminal Law of Lagos State (2011).
High Court Civil Procedure Rules.

These laws empower the court to issue, suspend, or revoke probate grants when fraud is detected.

4. The Role of the Probate Registry of Lagos State

The Probate Registry:

Receives applications for probate and letters of administration.
Verifies documents and death certificates.
Publishes public notices for objections (caveats).
Assesses estate duties.
Issues grants of probate or administration.

Fraudulent applications often exploit weaknesses in verification or concealment of information—hence the need for vigilance and timely legal response.

5. Who Can Challenge a Fraudulent Probate Application

Any interested person has locus standi (legal standing) to challenge a fraudulent probate, including:

Beneficiaries named in a genuine will.
Heirs-at-law or next-of-kin.
Executors named in a previous will.
Creditors of the deceased.
Trustees or administrators of related estates.

The law protects genuine stakeholders against wrongful deprivation of estate benefits.

6. Detecting Fraud in a Probate Application

Fraud in probate matters is often subtle but can be detected through legal and forensic diligence.

Key Warning Signs:

Suspicious or inconsistent signatures on the will.
Absence of known witnesses.
Sudden appearance of a new will after death.
Unusual property valuations or missing assets.
Exclusion of known family members.
Forged death or medical certificates.

Beneficiaries should act immediately once such irregularities are suspected.

7. Step-by-Step Process for Challenging a Fraudulent Probate Application

Step 1: Enter a Caveat

A Caveat is a formal notice filed at the Probate Registry to prevent the issuance of probate or letters of administration pending investigation.
It serves as a legal “red flag” that halts any grant until the dispute is resolved.

Step 2: File a Motion for Revocation or Objection

Through your lawyer, file an Originating Summons or Motion on Notice at the High Court of Lagos State seeking:

Revocation of the fraudulent grant.
An injunction restraining the executor from dealing with the estate.

Step 3: Serve All Parties

Serve the executors, beneficiaries, and Probate Registrar to notify them of the challenge.

Step 4: Provide Evidence of Fraud

Attach supporting affidavits, forensic reports, and copies of genuine documents to demonstrate the fraud.

Step 5: Court Hearing

The matter proceeds to hearing before the Probate Judge who will examine the allegations and evidence presented.

Step 6: Revocation and Re-grant

If fraud is proven, the court revokes the original probate and may:

Issue a new grant to the rightful executor/administrator, or
Appoint neutral administrators pending resolution.

8. Grounds for Challenging a Probate Grant

Forgery or Fraudulent Misrepresentation:
If the will or supporting documents were falsified.
Concealment of Material Facts:
If beneficiaries, assets, or liabilities were deliberately hidden.
Undue Influence:
If the deceased was coerced into signing a will.
Lack of Testamentary Capacity:
If the deceased was mentally incompetent at the time of execution.
Improper Execution:
If the will was not properly signed or witnessed.
Multiple or Conflicting Wills:
When a later valid will exists but was suppressed.

9. Evidence Required to Prove Probate Fraud

Courts in Lagos require strict proof of fraud, which may include:

Handwriting or signature expert reports.
Witness testimonies from the attesting witnesses to the will.
Medical records proving incapacity.
Certified copies of the genuine will.
Records from the Probate Registry.
Bank statements, title documents, and valuation reports.
Correspondence showing deception or concealment.

10. Criminal Implications of Probate Fraud

Under the Criminal Law of Lagos State, Sections 365–375, forgery, fraud, and impersonation relating to probate are indictable offences punishable by imprisonment.

The court may refer fraudulent executors or administrators for criminal prosecution alongside civil revocation proceedings.

11. Time Limit for Challenging a Probate Grant

There is no strict limitation period for revoking a probate obtained by fraud.
Fraud vitiates everything, and a fraudulent grant may be challenged even years after issuance once the fraud becomes known.

However, early action is critical to prevent disposal or dissipation of estate assets.

12. Revocation of Probate by the Court

Section 55 of the Administration of Estates Law (Lagos State) empowers the High Court to revoke a grant if:

It was obtained by fraud.
It was based on a false allegation.
The executor has misconducted himself.
The grant has become useless or inoperative.

Revocation reinstates the estate’s legal integrity and prevents continued exploitation.

13. The Role of the Caveat in Preventing Fraudulent Grants

Filing a caveat is the first line of defence in estate protection.

Once lodged:

The Probate Registry cannot issue a grant until the dispute is resolved.
The opposing party must file a Warning to contest it.
If unresolved, the matter proceeds as a Probate Suit before the court.

Beneficiaries are advised to file caveats immediately upon suspicion of fraud.

14. Case Law on Challenging Fraudulent Probate in Nigeria

Adebayo v. Adebayo (2016) LPELR-41247(CA):
The court affirmed that probate obtained by misrepresentation can be revoked at any time.
Adesubokan v. Yinusa (1971) 1 All NLR 225:
Fraudulent concealment of beneficiaries was sufficient ground for revocation.
Egbunike v. Egbunike (2018) LPELR-44393(CA):
The court held that failure to disclose all next-of-kin amounts to fraud on the court.
Ogunleye v. Oni (2015) LPELR-25652(CA):
Reinforced the principle that fraud nullifies any judicial act, including probate.

15. The Role of Lawyers in Challenging Fraudulent Probates

A skilled probate lawyer ensures:

Proper filing of caveats and objections.
Collection of admissible evidence.
Liaison with handwriting experts and valuers.
Tactical court representation.
Negotiation of settlements or consent revocations.

At Chaman Law Firm, we represent both local and diaspora families in detecting, proving, and annulling fraudulent estate manipulations.

16. Protecting the Estate During Litigation

While litigation is ongoing, the court may appoint:

An Administrator Pendente Lite – a neutral estate manager during dispute resolution.
Interim injunctions – to restrain sale, transfer, or disposal of property.
Asset tracing orders – to recover misappropriated estate funds.

This ensures that estate property remains intact pending the outcome.

17. Remedies Available After Revocation

After successful revocation, the court may:

Issue a fresh grant to the rightful executor or family representative.
Order accounting and restitution from the fraudulent party.
Impose penalties or costs.
Refer the matter for criminal prosecution.

These remedies restore both justice and ownership.

18. Diaspora Nigerians and Cross-Border Probate Fraud

Many Lagos estates belong to Nigerians living abroad. Fraudsters often exploit their absence to manipulate probate documents.

For diaspora clients:

Engage a Lagos-based law firm to monitor estate filings.
Lodge caveats immediately upon the death of a relative.
Use notarized powers of attorney to authorize local counsel.
Monitor publication notices in Nigerian newspapers for probate announcements.

19. Preventive Measures Against Probate Fraud

Register your will with the Lagos Probate Registry during your lifetime.
Inform trusted relatives or lawyers of the registration.
Keep duplicate copies in secure locations.
Engage professional executors or corporate trustees.
Regularly update your estate documents.

These steps ensure that no one can secretly file false documents after your death.

20. Probate Fraud vs. Genuine Mistake

Not every irregularity amounts to fraud. A genuine mistake (such as omission of a minor asset) differs from intentional deception.
Courts distinguish fraud by assessing intent, benefit, and pattern of concealment.

21. How to Obtain Certified Probate Records for Investigation

An interested person may apply to the Probate Registry of the High Court of Lagos State for certified copies of:

The will.
The probate grant.
Supporting affidavits and inventories.
These records provide evidence for verification and legal challenge.

22. Financial Crimes and Probate Fraud

Probate fraud can involve financial crimes like:

Forgery (Section 365, Criminal Law of Lagos State).
Obtaining property by false pretence.
Conversion or stealing of estate funds.
Victims may pursue both civil recovery and criminal prosecution simultaneously.

23. Enforcement and Asset Recovery After Fraudulent Grant Revocation

After revocation, the rightful executor or family may:

Recover assets sold or misappropriated.
Trace proceeds through banks or land registries.
Apply for injunctions to repossess properties.
File summary judgment claims against fraudulent executors.

With competent legal representation, recovery is achievable even years after the fraud.

24. Costs and Duration of Challenging a Fraudulent Probate

The duration depends on:

Complexity of the case.
Volume of evidence.
Court backlog and cooperation of parties.

On average, probate fraud cases in Lagos last between 6 months to 2 years.
Legal fees vary but are justified by the magnitude of the estate and nature of fraud involved.

25. Lagos Probate Registry Modernization and Reforms

The Lagos State Judiciary is currently modernizing its probate system through:

Digital record management.
Online application tracking.
Computerized verification of wills.

These reforms aim to curb fraud and enhance transparency in estate administration.

26. Frequently Asked Questions

Q1: Can a probate grant be revoked after several years?

Yes. Fraud nullifies all judicial acts, regardless of time elapsed.

Q2: What if the executor has sold estate property already?

The buyer’s title can be set aside if he knew of the fraud.

Q3: Do I need a lawyer to challenge probate fraud?

Absolutely. Only experienced estate lawyers understand the procedural and evidential nuances.

Q4: Can I report the matter to EFCC or Police?

Yes. Forgery and fraud are criminal offences under Nigerian law.

Q5: What happens to the estate during investigation?

The court may appoint a neutral administrator to safeguard assets.

27. The Role of Chaman Law Firm in Probate Litigation

At Chaman Law Firm, we:

Investigate suspected probate fraud.
File caveats and revocation proceedings.
Conduct forensic verification of wills.
Manage estate litigation for local and international clients.
Coordinate criminal complaints and asset recovery.

Our expertise in property law, probate, and inheritance disputes ensures efficient, lawful outcomes for families in crisis.

28. Case Example: Revocation of a Fraudulent Grant in Lagos

Scenario:
A deceased businesswoman’s cousin forged her signature on a fake will naming himself sole executor. Probate was granted and he sold her Lekki property.

Action Taken:
Her children, through counsel, filed a motion for revocation supported by handwriting expert reports and CBN bank specimen verification.

Outcome:
The High Court revoked the grant, voided the sales, ordered restitution, and referred the forger for criminal prosecution.

This real-life example underscores the power of the law when enforced correctly.

29. Protecting Your Family Against Probate Manipulation

To secure your estate:

Prepare and register your will with a trusted lawyer.
Appoint professional executors.
Inform your family of the location of the will.
Engage an experienced estate law firm to monitor posthumous filings.

30. Conclusion

Probate fraud is a silent destroyer of family wealth in Lagos. It thrives where ignorance, negligence, and secrecy prevail.
However, with proactive legal steps—caveats, forensic investigation, and court intervention—such frauds can be exposed, nullified, and punished.

Justice in probate matters demands diligence and courage. Families who act swiftly protect not just property, but legacy.

Call to Action

If you suspect a fraudulent probate or need legal assistance to protect your family estate, our firm offers immediate and confidential representation.

Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671, 08096888818,

📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com