27th February, 2025
Kunle Awonusi
A recent Lagos High Court ruling involving Herbet Wigwe’s family has reaffirmed the importance of honoring an individual’s last wishes.
Justice Adeyemi J. dismissed an attempt by Herbert Wigwe’s family members to intervene in the administration of his estate, upholding the legal safeguards that protect the rights of testators and minor beneficiaries.
Herbert Wigwe, the former Group CEO of Access Holdings Plc, tragically passed away in a helicopter crash in February 2024, leaving behind four children, including one adult daughter, Otutochi Wigwe, and three minors. His 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, Herbert’s father, 90-year-old Pastor Shyngle Wigwe, and his cousin, Christian Wigwe, filed a motion seeking interim control of the estate, alleging mismanagement and demanding oversight of the minors’ guardianship. The court ultimately rejected their claims, citing Lagos inheritance laws and the clear terms of Herbert’s will.
Under Lagos law, a valid will grants the testator autonomy to appoint executors and allocate assets. Herbert’s use of a revocable trust further protected his estate from public probate, ensuring privacy and continuity for his children.
Justice Adeyemi’s ruling centered on three key issues. Firstly, the court deemed the claimants’ request for interim administrators an abuse of process, as it duplicated prayers already in their substantive suit.
Secondly, the judge ruled that challenging Otutochi Wigwe’s existing guardianship required an appeal, not an interlocutory motion.
Lastly, the claimants failed to prove alleged wrongdoing by trustees, leading to the dismissal of their request for a Norwich Pharmacal Order.
The court emphasized that the claimants, as non-beneficiaries, lacked legal standing.
The case, however, highlights the tension between African familial traditions and statutory succession laws, with the court upholding Herbert’s Western-style estate planning.
The ruling prioritized the welfare of Herbert’s orphaned minors, affirming Otutochi’s guardianship and the trustees’ mandate. This ensures the estate’s preservation for the children’s benefit, underscoring the importance of clear, legally sound estate planning.
