Revocation of Grant of Letters of Administration

In a significant legal development, a recent court ruling has brought to light the complexities surrounding the issuance of Letters of Administration. The court revoked the grant of Letters of Administration that had been issued to Ms Ruth Samuel, who claimed to be the lawful attorney of Mr Bakare Olatoye Lasisi, on the grounds that the documents used to obtain the grant were forged. The ruling raises crucial questions about the authenticity of documents in estate administration and the judicial process for revoking such grants.

Facts

The dispute revolves around the estate of Ms June Ashimola, a woman who had purchased a property in London in 2003 and registered it solely in her name. Despite this clear ownership, the issue began when Mr. Tony Ashikodi attempted to claim a beneficial interest in the property in 2017. However, this claim was rejected, and Ms Ashimola’s sole ownership was upheld.

In October 2018, Ms Ashimola granted a Power of Attorney to Mr Wasiu Shomotun. However, trouble arose when, in February 2019, a Death Certificate was issued in Nigeria, stating that Ms. Ashimola had died on February 6, 2019. This was followed by an attempt to grant Letters of Administration for her estate.

In October 2022, Ms Ruth Samuel, acting as the lawful attorney for Mr Bakare Olatoye Lasisi, who claimed to be Ms Ashimola’s husband, obtained a grant of Letters of Administration. However, this grant was issued on the assumption that Ms. Ashimola was deceased. Ms Ashimola herself appeared in court and confirmed that she was alive, leading to the court’s investigation into the authenticity of the documents presented to support the grant.

Key Issues

The case centred around several key issues, primarily whether the documents that led to the grant of Letters of Administration were genuine or forged. The documents in question were:

The Submissions of the Parties

The claimants, represented by Ms Ashimola and her legal team, argued that the grant of Letters of Administration should be revoked, asserting that Ms Ashimola was, in fact, alive. They contended that the Death Certificate, Marriage Certificate, and Probate Power of Attorney were falsified.

On the other hand, the defendants, led by Ms Ruth Samuel, argued that the grant was legally obtained and that no evidence had been presented to support the claim of fraud. They insisted that the documents used were valid, and the court should uphold the grant of Letters of Administration.

Decision

The court ruled that these documents were forged, rendering the grant of Letters of Administration invalid.

The court based its decision on several legal provisions, particularly:

Given these findings, the court was able to conclude that the grant of Letters of Administration had been obtained through fraudulent means and, as such, was invalid.

Conclusion

This case serves as a stark reminder of the importance of verifying the authenticity of documents in legal proceedings, especially in matters involving estate administration. The revocation of the grant of Letters of Administration emphasises the court’s commitment to ensuring that such matters are handled with the utmost transparency and honesty. The court’s ruling reinforces the principle that fraudulent actions, such as submitting forged documents, will not be tolerated and can lead to severe legal consequences, including the invalidation of official grants.

Legal professionals and the public alike should be vigilant in ensuring that all documents presented in court are authentic and that the administration of estates is conducted fairly and according to the law.