Obaseki abolishes advance payment of 10% administration of estate fee with Executive Order
…fee now to be deducted at point of receiving benefits
Edo State Governor, Mr Godwin Obaseki, has issued an Executive Order altering the provision of Order 53, Rule 11, Paragraph 21 of the Second Schedule of the Edo State High Court (Civil Procedure) Rules 2012, that made it mandatory for persons applying for letters of Administration to pay 10 per cent of the total value of the property in advance, as a condition for the issuance of Letters of Administration.
Obaseki said the new Executive Order No: 1 of 2018, with August 1st commencement date, is a response to the plights of many beneficiaries and next-of-kin of deceased and retired government workers who cannot collect their entitlements due to their inability to pay in advance, the required 10 per cent of the value of their entitlements, as condition for the issuance of Letters of Administration.
The governor stated in the Executive Order: “Whereas, Order 53 Rule 11 and paragraph 21 of the Second Schedule of the Edo State High Court (Civil Procedure) Rules 2012 made it mandatory for persons applying for Letters of Administration to pay 10 per cent of the total value of the Property as a condition for the issuance of Letters of Administration.
“Whereas my attention has been drawn to the plight of many applicants who as beneficiaries and or next-of-kin of deceased Government Workers/Pensioners are unable to process and obtain Letters of Administration to collect their entitlements.
“Now therefore, I Godwin Nogheghase Obaseki, Governor of Edo State, in exercise of the authority vested by the Constitution and other laws enabling me in that behalf, do hereby order and direct as follows:
“Deduction of the 10 per cent Administration of Estate Fee at source and remittance of same to the Probate Registry by the relevant organ of Government is hereby approved to alleviate the suffering and stress encountered by beneficiaries and relatives of deceased Government workers/pensioners.
“This Order shall be enforced and complied with by all persons, Ministries, Departments and Agencies in Edo State concerned with or empowered to administer all matters relating to this order.
“This order is effective upon signature and shall remain in force, unless amended, modified, terminated or rescinded.”
With the new Executive Order 1 of 2018, next-of-kin and beneficiaries of deceased government workers/pensioners, now have unfettered access to their property as the mandatory Letter of Administration fee, being 10 percent of the total value of the property, will be deducted from the value of the property at point of receipt.