An Oyo State High Court in Ibadan has ruled that children and family members of a deceased person who died without a will can protect the deceased’s estate, even without a Letter of Administration.

Justice Kabiru Olawoyin of High Court 8 made the ruling in a suit involving the estate of Chief Olalekan Rafiu Lagoke, a U.S.-based returnee who died intestate in October 2022.

The decision followed a preliminary objection by Mrs. Biola Ayinke Titilayo, who argued that the claimants—Professor Segun Lagoke and Mr. Olawuyi Lagoke—had no legal right to institute the case without formal administration rights.

Justice Olawoyin dismissed the objection, affirming that the claimants, being legitimate family members, are entitled under Section 41 of the Estate Law of Oyo State to protect their late brother’s estate, especially since his children are minors.

He noted that absence of a Letter of Administration does not negate their familial status or legal standing, and rejected the description of the claimants as “meddlesome interlopers.”

The dispute involves several properties, including a duplex at Ikolaba Estate, a completed property at Kehinsi Village, and other lands in Ibadan. The claimants asked the court to nullify the alleged sale of one property and restrain the defendants from further actions concerning the estate.

The judge adjourned the case to June 16, 2025, for Case Management Conference.