The Lagos State High Court Probate Registry has issued an ultimatum to Christian Wigwe to explain his interest in the estate of his late cousin, Herbe
The Lagos State High Court Probate Registry has issued an ultimatum to Christian Wigwe to explain his interest in the estate of his late cousin, Herbert Wigwe, who was the Chief Executive Officer of Access Holdings.
Christian had lodged a caveat on behalf of Shyngle Wigwe, the father of the deceased, apparently to contest the distribution of the estate as specified in the will of the late banker who passed away in February 2024.
The late Wigwe wrote his will in July 2013, according to legal documents.
A caveat serves as a formal written notice filed with the probate registry regarding the management of a deceased person’s estate.
By filing this caveat, the caveator challenges the validity of the deceased’s will and aims to prevent the estate’s administration from proceeding without being notified. This action seeks to block the issuance of probate or letters of administration until the matter is resolved.
In a document dated 21 October, the Lagos probate registry issued a legal notice giving the caveator, Christian an eight-day ultimatum upon service to explain his interest in the estate of late Herbert Wigwe.
Essentially, the notice urged Christian to respond and assert his interests in the estate of his deceased cousin and that if he fails to do so within the stipulated period, he risks losing the opportunity to contest the probate process.
“If you have no contrary interest but wish to show cause against the sealing of a grant to such a party to issue and serve a Summons for direction by the Registrar of the said registry.
“And take notice that in default of your so doing the Court may proceed to issue a grant of Probate or Administration in the said Estate notwithstanding your Caveat,” the probate legal notice read.
The notice was issued at the instance of Uchechukwu Wigwe, the appointed personal representative of the estate of the deceased by virtue of the deceased person’s will dated 9 July 2013.
The notice means that the deceased cousin will have to appear at the Court Probate Registry to explain this interest in his late cousin’s properties.
Christian had in an affidavit dated 7 October, filed at the Lagos State High Court Probate Registry accused Aigboje Aig-Imoukhuede, his late cousin’s business partner and co-founder of Access Bank of assuming the role that belonged to the deceased’s father — Shyngle Wigwe.
He accused Aig-Imoukhede of taking an indirect guardianship of Herbert’s children and assets.
Christian said his deceased cousin left behind four children of which three are below the age of 18.
He added that Herbert also owned multiple real and personal assets within and outside the country.
He also accused Aig-Imoukhuede of exerting his influence through the deceased’s eldest daughter Otutochi and another cousin, Uche Wigwe, as a default representative in the will.
“Otutochi Wigwe, having grown up knowing Aigboje Aig-Imoukhuede as her father’s business partner, is reluctant to ask relevant questions out of fear of antagonising him,” Christian said in the affidavit.
“In addition, being brought up in the African values, she is hesitant to challenge such traditional values by asking pertinent questions relating to the administration of the deceased’s Estate as well as the guardianship of her minor siblings.”
Christian claimed that a will was lodged in 2013 at the Probate Registry and executed in the United States.
He said there have been concerns about its applicability to the assets within Nigeria’s jurisdiction.
“I do not know who lodged the Will in the Probate Registry of the Lagos State High Court, given that the Will was drawn up in 2013 in the US and the deceased was accustomed to keeping his affairs separate and segregated in different countries,” Christian said.
“I verily believe that the Will was lodged at the Probate Registry of the Lagos State High Court after the death of the deceased to give the impression that the deceased intended its applicability to extend to his assets in Nigeria.
“The purported Will seems to apply primarily to the assets of the deceased located in the USA. Its language and provisions suggest a focus on matters within the USA.”
Christian also said it is only natural for the deceased’s father to act as the legal guardian for his three grandchildren who are still minors or be consulted to ascertain who assumes the role.
He said assuming the role of Herbert’s children’s guardian would provide stability for the children and also would serve as a significant part of the healing process for Pastor Wigwe having suffered an unimaginable loss in one day.
Christian said he was informed by Pastor Wigwe that Aig-Imoukhuede has assumed indirect guardianship and custody of the children thereby excluding their grandfather from their affairs.
The deceased’s cousin said Pastor Wigwe would usually not be bothered but the way Aig-Imoukhuede is handling the assets grossly undermines his role as the head of the family.
“Ordinarily, Pastor Shyngle Wigwe would not have an issue with Aigboje Aig-Imoukhuede managing Herbert’s assets. However, Aigboje Aig-Imoukhuede’s influence is now extending beyond financial matters and affecting areas where Pastor Shyngle Wigwe should have full authority,” Christian said.
“Pastor Shyngle Wigwe feels that his natural role as guardian is being undermined.
“Aigboje Aig-Imoukhuede’s decisions concerning the estate are crossing into the territory that Pastor Shyngle Wigwe should manage for his grandchildren. This overlap is causing tension.
“Pastor Shygnle Wigwe is concerned that if this continues, his legal and natural role as guardian will be further eroded.”
While Christian acknowledged that Aig-Imoukhuede has continued to support the deceased’s parents and children financially, he has failed to provide any formal update on how the expenses are being met or the financial status of the assets.
The declarant also pointed out that Aig-Imoukhuede’s unrestricted access to the deceased estate is causing some relatives to gravitate towards him in an effort to secure his favour which is causing tension within the family.
He further said that the co-founder is not accountable to the dependents or beneficiaries of the deceased’s estate.
Meanwhile, Pastor Wigwe, has since dismissed reports suggesting that he’s fighting his grandchildren and other members of his family over the late banker’s assets.
Pastor Wigwe who recently clocked 90 was accused of requesting 20% of his late son’s estate and that he has also filed a caveat at the probate registry as well as an affidavit deposed to, by one Christian all in a bid to prevent the rightful execution of Herbert’s will.
In a statement signed by Emeka Wigwe, on behalf of Pastor Wigwe, he noted that at no point did the senior Wigwe request 20% of the estate of his deceased son neither has there been any such request by other family members.
“The facts regarding the estate are already publicly available in the Probate Registry, where an affidavit clearly outlines the correct details. A simple search would have revealed this truth,” the statement read in part.
The controversy over the late banker’s will comes about eight months after he along with his wife Chizoba and son Chizi, died in a helicopter crash in February near the California-Nevada border in the United States.
Six people were killed in the crash.
