- This is even as the Court stressed the importance of an individual’s final wishes in property disputes
A Lagos State High Court has ruled against efforts by family members to intervene in the administration of late banker Herbert Wigwe’s estate.
This is even as the Court stressed the importance of an individual’s final wishes in estate disputes.
The ruling , delivered by Justice Adeyemi J. of the Ikeja High Court, reaffirmed the legal safeguards protecting testators’ rights and the interests of minor beneficiaries, while rejecting claims by Herbert’s elderly father and cousin, who he described as “meddlesome interlopers” in the inheritance late Herbert Wigwe.
Herbert Wigwe, the former Group CEO of Access Holdings Plc, died tragically in a helicopter crash in February 2024 alongside his wife, Doreen, and eldest son, Chizi. The couple left behind four children, including one adult daughter, Otutochi Wigwe, and three minors.
Herbert’s meticulously drafted will and revocable trust, executed under U.S. law but probated in Nigeria, named his cousin Uche Wigwe and business partner, Aigboje Aig-Imoukhuede as trustees and personal representatives.
However, the Wigwe family patriarch, 90-year-old Pastor Shyngle Wigwe, and Herbert’s cousin, Christian Wigwe, filed a motion seeking interim control of the estate, alleging mismanagement and demanding oversight of the minors’ guardianship. Their claims, however, collided with Lagos inheritance laws and the unambiguous terms of Herbert’s will.
Under Lagos law, a valid will such as Herbert’s grants the testator autonomy to appoint executors and allocate assets. The Wills Law (2004) requires written, witnessed, and voluntary documentation, all of which Herbert’s will satisfied. In contrast, intestacy laws (Administration of Estates Law, 2015) prioritize spouses and children, excluding parents and siblings unless no direct descendants exist.
Herbert’s use of a revocable trust further insulated his estate from public probate, ensuring privacy and continuity for his children. “The hierarchy of inheritance is clear.” “Where there’s a surviving spouse and children, they take precedence. Parents and siblings only inherit in their absence.”
Justice Adeyemi’s ruling hinged on three key issues; the interim administrators which claimants sought to install themselves as estate administrators, duplicating prayers already in their substantive suit. The court rebuked this as an abuse of process, citing Supreme Court precedents that bar preemptive rulings on substantive issues.
Secondly is the guardianship challenge, Otutochi Wigwe had already been appointed legal guardian for her minor siblings by another court. The judge ruled that challenging this required an appeal, not an interlocutory motion.
In their request for the Norwich Pharmacal Order (NPO), the Judge noted that the claimants failed to prove alleged wrongdoing by trustees, a prerequisite for an NPO, which compels disclosure of information. With no evidence of fraud or mismanagement, the request was dismissed.
Crucially, the court emphasized that the claimants, as non-beneficiaries, lacked locus standi (legal standing). “Mere familial ties don’t confer rights over an estate,” Ibrahim, a legal expert explained. “Herbert’s will explicitly excluded them, and intestacy laws wouldn’t apply here regardless.”
The case highlights tensions between African familial traditions and statutory succession laws. While Herbert’s father argued for patriarchal oversight, the court upheld the deceased’s Western-style estate planning.
“Herbert lived under statutory law, not custom,” Ibrahim noted. “Parents aren’t entitled to a share unless there are no spouses or children.”
Central to the ruling was the welfare of Herbert’s orphaned minors. The court affirmed Otutochi’s guardianship and the trustees’ mandate, ensuring the estate’s preservation for the children’s benefit. “Courts prioritize minors’ interests in such cases,” Ibrahim added.
“Any threat to their inheritance must be substantiated, not speculative.”
The Wigwe family dispute underscores the importance of clear, legally sound estate planning. For high-net-worth individuals, trusts and wills are critical to avoiding familial discord. Justice Adeyemi’s ruling also serves as a caution against litigation as a first resort.
“Mediation could have preserved the family unity and litigation often leaves scars. Herbert’s legacy isn’t just his wealth, it’s the example of foresight he set for his children.”
As the Wigwe family navigates this ruling, the case stands as a precedent: in law, a testator’s voice outlives them, and not even grief can override its authority.
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