Introduction

It is no longer unusual in Nigeria for a deceased who was married under the Marriage Act to have children out of wedlock. Whenever instances such as this arise, one of the major issues, which crops up is, who amongst the children of the intestate person are entitled to apply for letters of administration in respect of the estate of the intestate person. This is because by virtue of section 24 (1) of the Administration of Estates Law, Laws of Lagos State, Volume 1, CAP A3, the maximum number of persons who can apply for letters of administration is 4 (Four).

Our law reports are replete with cases where children of an intestate person who were born within wedlock were up in arms against children born outside wedlock in respect of the modalities for applying for letters of administration for their late parent’s estate.