NewStats: 3,263,372 , 8,179,937 topics. Date: Thursday, 05 June 2025 at 05:27 PM 681r61

Dissecting the Legal Battle Over Herbert Wigwe’s Estate and Inheritance

The recent ruling by Hon. Justice Adeyemi of the Ikeja High Court (Family & Probate) in the estate istration case of the late Herbert Onyewumbu Wigwe has drawn significant attention, especially on social media.

The case, Suit No. ID/7735FPM/2024, was initiated by Christian Wigwe and Pastor Shyngle Wigwe against Uche Wigwe, Aigboje Aig-Imoukhuede, and Otutochi Wigwe. The ruling sheds light on crucial aspects of inheritance laws in Nigeria and the validity of wills and estate planning instruments.

In estate law, two primary scenarios arise upon an individual's death: testacy (where the deceased leaves a will) and intestacy (where no will exists). The Wills Law of Lagos State 2004 (WL) governs the execution of valid wills, requiring that a will be in writing, signed by the testator in the presence of at least two witnesses, and voluntarily made by a person of sound mind.

Conversely, when an individual dies intestate, the istration of Estates Law of Lagos State (AEL) 2015 dictates the distribution of assets. Section 46 of the AEL outlines the hierarchy of inheritance, prioritizing the spouse and children of the deceased over other relatives. The ruling in Salubi v Nwariaku (2003) reaffirmed this order, emphasizing that inheritance rights are not merely based on biological relationships but on legal provisions and the testator’s expressed wishes.

Herbert Wigwe’s will, executed outside Nigeria, was submitted for probate in Nigeria. The document named three individuals in alternative capacities as personal representatives and trustees, including his wife, Doreen Wigwe, his cousin Uche Wigwe, and Aigboje Aig-Imoukhuede.

The motion filed by the claimants sought three primary reliefs: Appointment of interim s; Appointment of interim guardians/supervisors for the estate and granting a Norwich Pharmacal Order (NPO) to obtain information related to the estate’s management.

Justice Adeyemi denied all three prayers, citing legal precedents that prevent courts from deciding substantive issues at the interlocutory stage. The court referenced Shanu v Afribank (Nig) Plc (2002), reinforcing that such applications should not preempt the full trial process.

For Interim s and Guardianship, one of the primary issues before the court was the appointment of interim s. The court observed that the claimants’ prayers for interim istration closely mirrored the substantive claims in the suit, rendering the application procedurally flawed.

The court emphasized that substantive issues should be determined at trial rather than through interlocutory applications. Additionally, the court dismissed the claim for further guardianship oversight, noting that Otutochi Wigwe, the adult daughter of the deceased, had already been lawfully appointed as the guardian of her minor siblings.

In the request for Norwich Pharmacal Order (NPO), a legal mechanism used to obtain information in cases of suspected wrongdoing, the court said the claimants failed to provide prima facie evidence of fraud, financial mismanagement, or coercion by the estate’s s.

Under Nigerian law, an NPO requires clear proof of suspected fraud, duress, or financial malpractice. Since the claimants merely made allegations without ing evidence, the court found no justification for granting such an order.

The Inheritance Rights and Familial Relationships is a major contention in the case was the claimants’ assertion of inheritance rights based on close familial relationships with Herbert Wigwe.

Pastor Shyngle Wigwe, the father of the deceased, and Christian Wigwe, a cousin, sought to assert a role in estate istration. However, the court reaffirmed that inheritance and estate istration are governed by statutory provisions and the expressed wishes of the testator, not simply biological ties. The ruling upheld that only legally recognized beneficiaries, such as the spouse and children, hold enforceable claims to the estate.

The ruling in the Wigwe case underscores the necessity of clear estate planning and adherence to legal processes. It also highlights the judiciary’s role in preventing legal maneuvers that could derail proper estate istration.

As the case progresses, alternative dispute resolution mechanisms such as mediation may offer a more amicable path for the family. Litigation, while legally binding, often deepens familial divides. This case serves as a vital lesson in estate planning, reinforcing that the execution of wills and trusts should be meticulously structured to avoid prolonged legal battles.

For now, the court’s decision stands as a reaffirmation of the primacy of legal wills and the structured hierarchy of inheritance in Nigerian law.

https://dailypost.ng/2025/02/27/dissecting-legal-battle-over-herbert-wigwes-estate-inheritance/

A big lesson to us all..





You are temporary owner of whatever you work for in this life.



Eat good food, dress well to your satisfaction, spend good time with your family and friends from your wealth.


Use the remaining ones to help real poor people.


Those mansions you are building all over the world are just waste of time and resources. They won't even allow your tenderly bred children and your overpampered wife near most of them

Ill-gotten wealth and its consequences

So pastor Shyngle Wigwe and family's prayers at court were all rejected, hmm.
Normally, papa with his wife are both old and frail, you naturally wont expect them to have greedy interest in the ission of their son's estate by that and also, it must be noted that the old couple both lived very good lives. Herbert is not their only successful child, he was just the only one that was well known by people. Papa is just interested in the well being of the young kids Herbert and his wife left behind, I heard one of them is even below 5 yrs. Now papa, unfortunately has a son who died earlier without a will and it was this same Herbert Wigwe that helped the man's wife and kids sort out his estate when he, Herbert was alive. So, I believe papa has gone down this path before and he is trying to avoid that ugly experience, hence the reason why he is so much interested in how Herbert's estate is istered, but wolves in sheep's clothing in the form of Uche, Aig and co who have no direct blood relationship with Herbert's kids are using the law, which does it's things without emotion to their advantage and this is so unfortunate. Papa at first trusted Aig and co, but here we are now..... Papa is being painted in the media as a greedy fellow who wants a part of his late son's estate. At what age, at age 90 yrs when he knows he is already close to the grave?

Uche, Aig, and co made sure they isolate late Herbert's children from their grand parents, then made Tochi, d eldest child, who we can safely say has limited world experience to sign a paper without the guidance of her grandparents....wow these guys dey try o but God is seeing everything.

For those people bad mouthing the late Herbert Wigwe, saying his wealth is ill-gotten. Anyone without sin, raise your hand in the air, let's see you.

Shameless pipu

let the dead rest in peace

There's no doubt he wined and dined with politicians. His wealth is undeniable yet raises questions. But his money isn’t my concern, I’m still focused on making mine legitimately.

I just dey imagine say my papa dey follow my picking drag my property while he should be the one fighting for them....that's the highest level of irresponsibility..

Very shameful
Dragging a dead man's property, how shameless can people go.
The man has 4 surviving children, why don't they allow them handle their parent's wealth while his family can guide the children

Na wa oo

What's this?

This matter go long die ...

I'm hear to read the opinion of ewedu sharia Muslims because they tend to have an opinion on every subject except the ones that truly concerns them

So, in this case, na Wigwe cousin and AIG get legal right to his will.

Vanity crew over to you

tiswell:
Ill-gotten wealth and its consequences

Ill-gotten how?

Shameless people

Wow, they say school is a scam. Well, fortunately Meta AI - my assistant is already making sense of this.

Irupetepete:
I just dey imagine say my papa dey follow my picking drag my property while he should be the one fighting for them....that's the highest level of irresponsibility..

You will if you were to be in the fathers shoe! I believe Wigwe used family wealth,the father was probably bankrolling the business and now he is probably fighting for wigwe’s sibling
Lesson learnt…. Always sign documents to that effect even if he is your son or your father
Always set boundary.
We can’t fund you with family wealth and you hand over everything to your children.

This is good.

Appeal court can still say something else eg that on humanitarian grounds the father and cousin should be allowed to partake in the istration.

Then Supreme court... Will choose which one it wants to decide

sonsomegrigbo:
A big lesson to us all..





You are temporary owner of whatever you work for in this life.



Eat good food, dress well to your satisfaction, spend good time with your family and friends from your wealth.


Use the remaining ones to help real poor people.


Those mansions you are building all over the world are just waste of time and resources. They won't even allow your tenderly bred children and your overpampered wife near most of them

Word

Irupetepete:
I just dey imagine say my papa dey follow my picking drag my property while he should be the one fighting for them....that's the highest level of irresponsibility..

Just imagine, you are "teenage daughter" and not ready to let go a "fragment" portion of your dad's wealth to your dad's siblings.......that's highest order of greediness.

You prefer the significant of the wealth to go to boyfriend/husband, instead of your uncle and Aunty.

Dailypost should give credit to who it is due. Criminals.

This is the original article and it is richer and more interesting than this

https://www.thecable.ng/herbert-wigwe-the-estate-family-and-the-law/

tiswell:
Ill-gotten wealth and its consequences

If your father had the opportunity to make ill-gotten wealth too, you won't be on a public forum crying like a Banshee and making allegations that you can't prove

A father can inherit the son just as the son can also inherit the father!

This is normal!

StillDtruth:
Appeal court can still say something else eg that on humanitarian grounds the father and cousin should be allowed to partake in the istration.

Then Supreme court... Will choose which one it wants to decide

Lol. I for say you are wrong but this is Nigeria.

this man no get will

Once you start amassing properties don't forget to get a will ready to avoid stories that touch

I have seen families of the man, throwing out and selling properties of the decease while the wife and young children are still alive

NothingDoMe:
Lol. I for say you are wrong but this is Nigeria.

That God you .

Just imagine.. you dey life struggle wàhálà.
You leave the wealth behind wàhálà again.
When man go get rest of mind sef ..

Fiscus105:


Just imagine, you are "teenage daughter" and not ready to let go a "fragment" portion of your dad's wealth to your dad's siblings.......that's highest order of greediness.

Wigwe was probably fronting for his family or using family wealth,he can not hand over family wealth to his children over his siblings