discovery or preservation of the will of the deceased or for any other purposes connected with the duties of the
Court under this Order and every Court shall carry out any such request as far as practicable and report to the
Chief Judge.
(3) No grant of administration with the will annexed shall issue within seven days of the death of the deceased;
and no grant of administration (not with the will annexed) shall issue within fourteen days of the death.
2. The Court shall, when the circumstances of the case appear so to require, forthwith on the death of a deceased
person, or as soon after as may be, appoint and authorise an officer of the Court, or some other fit person, to take
possession of his property within its jurisdiction, or put it under seal, and so keep it until it can be dealt with
according to law.
3. If any person other than the person named executor or administrator, or an officer of the Court or person
authorised by the Court, takes possession of and administers or otherwise deals with the property of any
deceased person, he shall, besides the other liabilities he may incur, be liable to such fine not exceeding one
hundred naira as the Court, having regard to the condition of the person so interfering with the property and the
other circumstances of the case, may think fit to impose.
4. (1) Any person having in his possession or under his control any paper or writing of any person deceased,
being or purporting to be testamentary, shall forthwith deliver the original to the Probate Registrar of the Court.
(2) If any person fails to do sp for fourteen days after having had knowledge of the death of the deceased, he
shall be liable to such fine not exceeding one hundred naira as the Court having regard to the condition of the
person so in default and the other circumstances of the case, thinks fit to impose.
5. Where it appears that any paper of the deceased, being or purporting to be testamentary, is in the possession
of, or under the control of any person, the Court may in a summary way, whether a suit or proceeding respecting
probate or administration is pending or not, order him to produce the paper and bring it into Court.
6. Where it appears that there are reasonable grounds for believing at any person has knowledge of any paper
being or purporting to be testamentary (although it is not shown that the paper is in his possession or under his
control), the Court may in a summary way, whether a suit or proceeding for probate or administration is pending
or not, order that he may be examined respecting the paper in Court, or on interrogatories, and that he do attend
for that purpose, and after examination that he do produce the paper and bring it into Court.
7. The Court may of its own motion, or on the application of any person claiming an interest under a will, give
notice to the executors (if therein named, to come in and prove the will, or to renounce probate, and they, or
some or one of them, shall, within fourteen days after notice, come in and prove or renounce accordingly.
8. If any person named executor in the will of the deceased takes possession and administers or otherwise deals
with any part of the property of the deceased, and does not apply for probate within one month after the death, or
after the termination of any suit or dispute respecting probate or administration, he may, independently of any
other liability, be deemed guilty of a contempt of court, and shall be liable to such fine, not exceeding one
hundred naira, as the Court thinks fit to impose.
9. The Court shall require evidence, in addition to that offered by the applicant, where additional evidence in that
behalf seems to the Court necessary or desirable, in regard to the identity of the deceased or of the applicant, or
in regard to the relationship of the applicant to the deceased, or in regard to any person or persons in existence
with a right equal or prior to that of the applicant to the grant of probate or administration sought by the
applicant, or in regard to any other matter which may be considered by the Court relevant to the question
whether the applicant is the proper person to whom the grant should be made:
Provided that the Court may refuse the grant unless the applicant produces the required evidence on these points
or any of them as required by the Court.
10. Where it appears to the Court that some person or persons other than the applicant may have at least an equal
right with the applicant to the grant sought, the Court may refuse the grant until due notice of the application has
been given to such other person or persons and an opportunity given for such person or persons to be heard in
regard to the application: