How to Reseal a Foreign Grant of Probate in Nigeria

A person dies abroad, leaving a will, bank accounts, and perhaps landed property in Nigeria. The executors obtain a grant of probate in the United Kingdom or another foreign country and assume that, because they now have legal authority to administer the estate, the same grant can be presented to a Nigerian bank or used to deal with the deceased’s property in Nigeria.

That assumption is wrong because a foreign grant of probate does not automatically operate in Nigeria. Where the grant qualifies under Nigerian law, it must first be resealed by the appropriate Nigerian High Court where the asset of the deceased is located before it can be relied upon to administer the Nigerian assets. Where the foreign grant does not qualify for resealing, a fresh Nigerian grant of probate or letters of administration may be required instead.

The distinction matters particularly to Nigerians and Nigerian families living abroad who have already completed probate overseas and now need access to bank accounts, shares, land, or other assets left behind in Nigeria.

This article explains how to reseal a foreign grant of probate in Nigeria, the grants that qualify, the legal requirements, the documents and procedure involved, the likely costs, whether the process can be handled without travelling to Nigeria, and what to do where resealing is not available.

Resealing of a grant is the procedure by which the High Court of a Nigerian State places its own seal on a grant of probate or letters of administration that has already been issued by another court of competent probate jurisdiction, so that the existing grant may operate within that State as though it had been made by that State’s own High Court.

The Court of Appeal put it in these terms in Nyianaka v Anyika (2021) LPELR-52817(CA):

Re-sealing enables a grant made in one State to be effective within another state.

The Probates (Re-sealing) Act, Cap P31, Laws of the Federation of Nigeria 2004, states the consequence in section 6 thus:

A probate or letters of administration re-sealed by the High Court of any State under this Act, shall have the like force and effect and have the same operation in the State in which it is re-sealed as if granted by the High Court of that State.

Three things follow from that definition.

1. Resealing presupposes an existing grant. It recognises and extends an authority that already exists. It does not create one.
2. The grant must come from a qualifying court, being a court having probate jurisdiction in a Commonwealth country or the High Court of another Nigerian State.
3. The effect is territorial. The grant becomes operative in the State that resealed it, and only in that state; for it to be operative outside the state where it was issued and originally resealed, it must be further resealed in that other state.

Can a Foreign Grant of Probate Be Used in Nigeria?

Yes, but not automatically. A foreign grant of probate or letters of administration cannot ordinarily be taken to a Nigerian bank, land registry, or other institution and used in the same way as a grant issued by a Nigerian court.

Before a qualifying foreign grant can be relied upon in Nigeria, it must first be resealed by the High Court of the Nigerian State where the deceased’s assets are situated.

What Does Resealing a Foreign Grant Mean?

Resealing is the process by which a Nigerian High Court recognises an existing grant of probate or letters of administration issued by another court and places its own seal on that grant.

Once the grant has been resealed, section 6 of the Probates (Re-sealing) Act, Cap P31, Laws of the Federation of Nigeria 2004 gives it the same force and operation within that state as though it had been issued by the High Court of that State.

Resealing therefore avoids the need to begin the entire probate process afresh where the foreign grant qualifies.

However, not every foreign grant can be resealed in Nigeria.

Which Foreign Grants Can Be Resealed in Nigeria?

Under section 1 of the Probates (Re-sealing) Act, the foreign grant must have been issued by a court having probate jurisdiction in a Commonwealth country.

Section 8 of the Act defines a Commonwealth country as a country that is a member of the Commonwealth of Nations.

The Act does not contain a permanent list of individual countries because Commonwealth membership may change.

Commonwealth countries presently include the United Kingdom, Canada, Australia, New Zealand, Ghana, Kenya, South Africa, India, Pakistan, Singapore, Malaysia, Jamaica, Trinidad and Tobago, Cyprus and Malta, among others.

A qualifying grant of probate issued in England and Wales, for example, may therefore be resealed in Nigeria because the United Kingdom is a Commonwealth country.

The country in which the grant was issued is not the only consideration.

Before resealing, the Nigerian High Court must also be satisfied that the applicable probate duty has been dealt with in respect of the Nigerian estate. Where the foreign grant is letters of administration, sufficient security must be provided in respect of the Nigerian assets. The court may also require evidence concerning the domicile of the deceased.

The foreign grant must also be produced in the form required by law. This ordinarily means a duplicate bearing the seal of the issuing court or a copy certified as correct by or under the authority of that court.

The applicable High Court Rules may impose further requirements concerning the nature of the grant, the person to whom it was issued, security, sureties, and whether the leave of the Judge is required.

What If the Foreign Grant Was Issued in a Non-Commonwealth Country?

If the grant was issued by a court in a country that is not a member of the Commonwealth, it cannot be resealed under section 1 of the Probates (Re-sealing) Act.

For example, a grant issued by a court in the United States of America does not qualify for resealing because the United States is not a Commonwealth country.

That does not mean that the Nigerian assets are lost.

It means that a different Nigerian probate procedure will ordinarily be required.

A fresh grant of probate or letters of administration, as the case may be, must ordinarily be obtained in Nigeria in respect of the Nigerian estate.

The foreign Will, death certificate, foreign grant, and other relevant estate documents may then be used as supporting documents in the Nigerian application.

This is why the first question in a cross-border estate should not simply be, “How do we reseal the grant?”

The first question should be, “Does this particular foreign grant qualify for resealing in Nigeria at all?”

What Law Governs the Resealing of Probate in Nigeria?

The principal legislation is the Probates (Re-sealing) Act, Cap P31, Laws of the Federation of Nigeria 2004.

The Act provides the legal basis for recognising qualifying grants issued outside the Nigerian State in which they are to be used. It deals with qualifying foreign grants, the conditions for resealing, the form of the grant to be produced, protection of creditors, and the legal effect of resealing.

The detailed procedure is then governed by the applicable High Court Rules of the State where the Nigerian assets are situated.

For assets in Anambra State, the relevant procedural provision is Order 59, Rule 26 of the High Court of Anambra State (Civil Procedure) Rules 2019. The Rules deal with matters such as who may apply, tax clearance, valuation of the estate, advertisement, the supporting oath, sureties where required, limited grants, and the certified copy of the Will.

The same Probates (Re-sealing) Act also applies where the original grant was issued by the High Court of another Nigerian State.

Section 2 of the Act permits a grant issued by the High Court of one State to be resealed by the High Court of another State.

Accordingly, obtaining probate or letters of administration in Lagos State, for example, does not automatically give the personal representative authority to rely on that grant in respect of estate property situated in Anambra State. Where the grant is to be used in another State, the applicable resealing requirements must be complied with.

The important point is that resealing is relevant both to qualifying foreign grants and to grants moving from one Nigerian State to another.

What Have Nigerian Courts Said About Resealing Probate?

Nigerian courts have recognized that probate authority is territorial.

In Nyianaka v Anyika (2021), letters of administration had been issued by the High Court of Benue State and were later relied upon in proceedings concerning estate property situated in the Federal Capital Territory without first being resealed there.

The Court of Appeal upheld the objection arising from the failure to obtain the necessary resealing before relying on the grant in relation to the Abuja property.

The principle can also be seen in Lijadu v Franklin (1965) 1 All NLR 110, where the issue of relying upon probate authority outside the jurisdiction in which the original grant had been made arose before the Supreme Court.

The practical point is simple.

Resealing is not merely a requirement imposed by a bank or an administrative preference of a Probate Registry. It is the legal process through which a grant issued in one jurisdiction is given recognized effect in another.

Why Does the Deceased’s Domicile Matter When Resealing Probate?

Domicile can affect a resealing application, particularly where the foreign grant was obtained in a country in which the deceased had lived for many years.

Domicile is not the same as nationality, citizenship, or residence.

A Nigerian citizen may live in the United Kingdom for decades and still retain a Nigerian domicile. Another person may acquire a domicile of choice abroad, depending on the circumstances and his or her intention to reside there permanently or indefinitely.

The Probates (Re-sealing) Act permits the Nigerian court to require evidence concerning the domicile of the deceased.

The applicable High Court Rules may also make the identity of the person to whom the foreign grant was issued relevant.

A foreign grant should therefore not be assessed merely by asking where the deceased died or where the probate proceedings took place.

Where domicile, the authority of the foreign administrator, or the nature of the grant raises a question, it should be identified before the resealing application is filed.

Where the leave of the Judge is required, that is an additional procedural step. It does not necessarily prevent the Nigerian assets from being administered.

Can a UK Grant of Probate Be Resealed in Nigeria?

Yes.

The United Kingdom is a Commonwealth country, so a qualifying grant issued by a court exercising probate jurisdiction there falls within the Probates (Re-sealing) Act.

The fact that a UK grant qualifies in principle does not mean that an ordinary photocopy or scanned PDF should simply be sent to Nigeria.

The Act requires the appropriate sealed or court-certified version of the grant.

Where the grant relates to a Will, the appropriate certified copy of the Will will also be required.

The type of grant, the person to whom it was made, and any relevant question concerning domicile should be reviewed before the Nigerian application is prepared.

What Documents Do I Need to Reseal a Foreign Grant in Nigeria?

The precise documents depend on the State and the circumstances of the estate.

For an application in Anambra State, the documents will ordinarily include:

1. the sealed foreign grant or a copy certified by or under the authority of the issuing court
2. a certified copy of the Will where the grant relates to a Will
3. the deceased’s death certificate or other acceptable evidence of death
4. identification of the executor or administrator
5. details of the Nigerian assets
6. an Inland Revenue affidavit showing the current value of the Nigerian assets
7. the applicant’s Tax Clearance Certificate
8. the oath supporting the application
9. security where the grant is letters of administration and the applicable law requires it
10. any surety or guarantee documents required by the Judge
11. written authority where the application is being handled on behalf of the person to whom the foreign grant was issued.

Additional documents may be required where the deceased’s domicile is uncertain, the grant is limited or temporary, or the Probate Registry raises a query.

It is therefore advisable to have the foreign grant reviewed before ordering certified documents, arranging notarisation, or sending original documents to Nigeria.

How Do I Reseal a Foreign Grant of Probate in Nigeria?

The practical process can be reduced to six stages.

1. Review the Foreign Grant

The first step is to determine whether the grant qualifies for resealing.

This involves checking the issuing jurisdiction, the type of grant, the identity of the executor or administrator, whether the grant is limited or temporary, and whether domicile raises any difficulty.

2. Identify Where the Nigerian Assets Are Situated

Resealing operates state by state.

The location of the Nigerian assets determines the High Court and Probate Registry that must be approached.

If the deceased owned assets in more than one Nigerian State, the position in each State may need to be considered separately.

3. Obtain the Proper Foreign Probate Documents

The required sealed or court-certified grant should be obtained from the issuing court.

Where there is a Will, the appropriate certified copy should also be obtained.

4. Prepare and File the Nigerian Application

The application and supporting documents are prepared in accordance with the High Court Rules applicable in the State where resealing is sought.

5. Complete the Probate Registry Requirements

Depending on the estate, these may include:

• estate valuation
• tax documentation
• advertisement
• payment of assessed fees
• an oath or affidavit
• security
• sureties where required.

6. Obtain the Resealed Grant

Once the application has been approved and the grant resealed, it may be used in administering the Nigerian assets, subject to any additional requirements imposed by the bank, registrar, or other institution concerned.

Can I Reseal a UK Grant of Probate Without Travelling to Nigeria?

In many cases, yes.

This is particularly important for executors and administrators who live abroad and do not want to travel to Nigeria solely to complete the Nigerian part of an estate.

The Anambra Rules permit an application to be made by the person to whom the grant was issued or by a person authorised in writing to apply on his behalf.

Depending on what must be done in Nigeria and the nature of the estate assets, a Power of Attorney may also be appropriate.

Documents requiring personal execution or swearing can often be executed abroad before the appropriate officer and transmitted to Nigeria.

Where the Probate Registry requires the sealed grant, certified copies or other original executed documents to be produced, those documents will have to be sent to Nigeria.

Security and sureties should also be considered early, particularly where the foreign document is letters of administration.

Whether the personal representative can avoid travelling to Nigeria completely will depend on the circumstances of the estate and any directions given by the Probate Registry.

For diaspora clients, the matter should therefore be structured for remote handling from the beginning.

How Much Does It Cost to Reseal Probate in Nigeria?

The cost has two separate components.

Professional Fees

These are the lawyer’s fees for work such as reviewing the foreign grant, advising on eligibility, preparing and filing the application, dealing with Probate Registry queries and obtaining the resealed grant.

Statutory Charges and Disbursements

These are payments made to the Probate Registry or other third parties.

They may include:

• Probate Registry charges
• estate fees assessed by reference to the Nigerian assets
• publication costs
• valuation fees
• fees for obtaining certified foreign documents
• notarisation or authentication
• courier charges
• tax-related documentation.

The Probates (Re-sealing) Act makes the applicable laws relating to fees and probate duty relevant to resealing applications, subject to any modifications or exceptions contained in the applicable Rules.

Resealing avoids beginning the probate process entirely afresh, but it does not necessarily remove the statutory fees and probate charges applicable to the Nigerian estate.

An accurate quotation will therefore usually require a copy of the foreign grant and a reasonably complete schedule of the Nigerian assets.

How Long Does It Take to Reseal a Foreign Grant in Nigeria?

There is no responsible fixed answer.

The timeline depends on matters such as:

• whether the correct foreign probate documents are already available
• how quickly certified documents can be obtained
• the nature and value of the Nigerian assets
• tax documentation
• advertisement requirements
• security or sureties
• questions concerning domicile
• queries raised by the Probate Registry.

Where the documents are complete and the estate is straightforward, resealing will generally involve fewer steps than beginning a completely fresh Nigerian probate application.

Many avoidable delays occur because required documents are obtained too late or because a family assumes that the foreign grant qualifies for resealing before it has been reviewed.

What Happens After a Foreign Grant Is Resealed in Nigeria?

Once resealed, the grant has the same legal effect within that State as a grant issued by the High Court of that State.

Depending on the Nigerian assets involved, it may then be used to:

1. request the release or transfer of money held in Nigerian bank accounts
2. deal with shares and investments belonging to the estate
3. administer Nigerian land and buildings
4. institute or continue legal proceedings on behalf of the estate
5. complete the remaining steps necessary to administer and distribute the Nigerian estate.

The resealed grant may not be the only document required by a bank, share registrar, land registry or other institution.

Each institution may impose its own compliance requirements.

The executor or administrator also remains responsible for properly collecting, preserving, accounting for and distributing the estate assets.

What Happens If My Foreign Grant Cannot Be Resealed in Nigeria?

The Nigerian assets are not lost.

Where the foreign grant does not fall within the statutory resealing regime, the next question is whether a fresh Nigerian grant of probate or letters of administration should be obtained.

The foreign Will, death certificate, foreign grant and other estate documents may then become supporting documents for the Nigerian application.

There are also cases where the problem is not that resealing is completely unavailable.

A limited or temporary grant may require the leave of the Judge. A domicile question may require additional evidence. An application may simply be missing the correct certified documents, security, valuation or tax documentation.

This is why the proper legal route should be determined before the family spends money pursuing a resealing application.

Do I Need a Nigerian Probate Lawyer to Reseal a Foreign Grant?

Professional assistance becomes particularly important where the estate has a cross-border complication.

That includes cases where:

1. the executor or administrator lives outside Nigeria
2. the estate contains substantial Nigerian bank funds, shares or landed property
3. the assets are situated in more than one Nigerian state
4. the deceased’s domicile is uncertain
5. the foreign document is a letter of administration rather than probate
6. it is unclear whether the foreign grant qualifies for resealing
7. security or sureties may be required
8. the Probate Registry has already raised a query
9. somebody has begun dealing with Nigerian estate assets without proper authority.

Where somebody is already collecting rent, occupying estate property, withdrawing estate funds or attempting to sell estate assets, obtaining the resealed grant may be only one part of the legal problem.

Early legal advice becomes particularly important in that situation.

Already Have a Foreign Grant and Assets in Nigeria?

If probate or letters of administration has already been obtained abroad and the deceased left assets in Nigeria, the first step is to determine whether that particular grant qualifies for resealing.

Book a probate consultation and send us a copy of the grant, the Will where applicable, the death certificate and brief details of the Nigerian assets before the meeting.

We will review the documents, determine whether the foreign grant can be resealed or whether a fresh Nigerian grant is required, identify the appropriate procedure and advise you on the documentation, likely costs and next steps.

BOOK A PROBATE CONSULTATION

Related Reading

1. What Law Applies When Someone Dies Without a Will in Nigeria?
2. Inheritance and Estate Planning in Nigeria
3. Our Legal Services for Families in Nigeria and Abroad

About the Author

Ebelechukwu C. Aroh-Nwoka Esq is a Nigerian family and property lawyer and Principal Counsel at Ebelechukwu Law Firm, Nkpor, Anambra State.

Called to the Nigerian Bar in 2010, her practice covers family law, property law, probate, estate administration and succession, including Nigerian estates involving beneficiaries, executors and administrators living abroad.

I’m Ebelechukwu Aroh, the Nigerian family and property lawyer. I help you protect what you cannot afford to lose — your land, your legacy, and your family.

This article explains the general position under Nigerian law and does not constitute legal advice on any particular estate. Probate Registry requirements may differ between States and may change. Advice should be taken on the facts of the particular estate.