Estate planning is one of the most thoughtful gifts you can give your loved ones. When you carefully draft a will or prepare for the administration of your assets, your goal is to ensure that your beneficiaries receive their inheritance smoothly. Without delays, unnecessary costs, or emotional strain.
A key part of this process is choosing the right executors (in the case of a will) or anticipating who may become administrators (for estates without a will). Unfortunately, many people appoint elderly relatives or friends out of respect, affection, or tradition. While well-intentioned, this often leads to serious problems for the family left behind.
Experience from probate practice in Nigeria, especially at the High Court of Lagos State—shows that appointing older individuals as executors or administrators frequently creates avoidable hardships. Elderly persons may face health limitations, reduced mobility, or simply the natural effects of aging, which make it difficult to manage the demanding responsibilities involved. In some cases, they pass away shortly after the deceased, leaving the estate stranded and forcing beneficiaries to restart the probate process entirely.
The Heavy Responsibilities of Executors and Administrators
Being an executor or administrator is not an honorary title. It involves active, ongoing duties that require energy, availability, mental clarity, and patience. Responsibilities typically include:
- Locating and securing assets
- Opening and managing estate bank accounts
- Paying debts and taxes
- Working with share registrars for stock transmissions
- Filing documents at the probate registry
- Distributing assets to beneficiaries
In Nigeria, many of these tasks still require physical signatures, thumbprints, in-person bank visits, and quick responses to queries. When an elderly person is appointed, their health or abilities may decline between the time the will is drafted and when they are eventually needed. Frailty, illness, or cognitive decline may leave them unable to sign documents or attend meetings. Coordinating with someone who has limited mobility, poor hearing, or relies on caregivers adds additional layers of difficulty.
A Real-Life Example from Lagos Probate Practice
Recently, I handled a case at the High Court of Lagos State Probate Registry involving an application to include additional assets in an existing grant of letters of administration. Two administrators were appointed—one aged 90, living in Lagos, and the other aged 72, living in Awka, Anambra State. A simple application form required both signatures.
Sending the document to Awka was stressful due to courier risks. Meeting the 90-year-old in Lagos was even more challenging. His health caused multiple appointment rescheduling. When we finally met, he explained that he could no longer sign steadily. I had to buy an ink pad for a thumbprint, and even then, his wife had to guide his hand.
This was just one form. Many more documents lie ahead; share transmission forms, probate filings, and other paperwork. Each requiring the same painstaking process. For the beneficiaries, the situation has become a nightmare of delays, frustration, and rising costs. The only solution is applying to court to remove the elderly administrator for incapacity. A process that can take six to eight months or more in Lagos, along with extra legal fees.
This scenario is common across Nigeria.
The Added Challenge of Location
Location significantly affects probate administration. Executors and administrators must be available to sign documents quickly, meet with lawyers or registry officials, attend banks or share registrars, and operate estate accounts.
If they live far from the probate jurisdiction, commonly Lagos or Abuja. Every step becomes difficult. Courier delays, travel issues, and reliance on relatives slow down the process and increase the chance of mistakes or lost documents.
Ideally, appoint individuals who live in the same city as the bulk of your assets or where probate will be handled.
The Costly and Time-Consuming Process of Removal
When an executor or administrator becomes incapable due to age or health, beneficiaries often have no choice but to apply to the High Court for removal. This involves a formal motion on notice, supporting affidavits, and months of waiting.
During this time, the estate remains frozen. Bills accumulate, assets depreciate, and family tensions rise. What should have been a simple inheritance becomes expensive litigation.
Better Choices for a Smoother Estate Administration
To protect your loved ones, consider appointing:
- Younger, capable individuals—ideally in their 40s or 50s
- Alternate (substitute) executors in case your first choice is unavailable
- Professional executors, such as probate lawyers or corporate trustees, for large or complex estates
Professionals remain impartial, are geographically available, and are not limited by age or health. Planning ahead shows true care for your family. It ensures they can grieve peacefully rather than being overwhelmed by administrative obstacles.
Get Expert Support for Wills and Probate in Nigeria
If you are preparing your will or need guidance on estate planning in Nigeria- whether drafting a will, applying for probate, securing letters of administration in Lagos, or removing unsuitable executors, professional help can save your family stress and money.
As a probate lawyer in Lagos with extensive experience at the Lagos State Probate Registry, I can help you create a plan that genuinely protects your beneficiaries.
Contact Edelweiss Partners
Visit: www.edelweisslawfirm.com
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For professional assistance with will drafting, probate applications, and estate administration in Lagos.