₦airaland Forum

Treash:
Basically, a dead man no longer has legal personality; that is, he cannot be sued to court. However, upon his death, he is deemed to have died leaving what is called an 'Estate'. An Estate is simply all the properties he left behind when he dies, and also includes what he owes people before he dies.

The law provides that all his properties will definitely be managed by some people, who maybe in-laws, wife, children, friends and relatives. However, the first set of people the law will consider when distributing the properties are the creditors, that is the people he owes before he dies. The law gives the creditors priority over the other dependants. This means debts can still be recovered from the dead by suing the administrators (dependants), by the following procedures:

1. The exact debt must be certain: The creditors cannot claim anything if he can't prove the exact amount owed to him.

2. Write a demand letter to the personal representatives and families of the deceased. Failure to honor the letter can give the the creditor right to sue the representatives.

Where the deceased does not leave any property or money (estate) that can satisfy those debts, then the creditor cannot enforce any right.

Barr Ayo Adeolu Aderinto.