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What The Law Says About Next-of-kin In Nigeria - Family - Nairaland

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What The Law Says About Next-of-kin In Nigeria by johnaruson(m): 9:26pm On Sep 13, 2019
WHAT THE LAW SAYS ABOUT NEXT-OF-KIN IN NIGERIA

Are you among those that think by giving a name to financial institutions (bank for example) as next-of-kin you have chosen that person to automatically inherit your wealth in the event of your demise? In other words, do you think by merely picking someone as your next-of-kin you have made that person a beneficiary to your wealth or entitlement(s) in the event of your death?"Let us attempt a little legal analysis based on two factors: whether the deceased has a Will (a document written by a deceased when he was alive that prescribes how his property is to be shared when he dies) or whether he dies without a will

In law when a person dies leaving behind a will, he is said to have died testate. In such a circumstance, Issue of next-of-kin becomes useless. The reason is that the wealth of the deceased will simply be shared in line with the contents of the will.

The position is still the same even where the deceased dies without leaving a will. The position is that when a person dies without a will, the question as to who to inherit his wealth is determined by law, that is to say, customary law, or Islamic law or English Law or the Administration of Estates law (or equivalent legislation) not whom the deceased mentioned in his bank or place of work as next-of-kin.

How then do we know the law to be applied in sharing the property of the deceased? The law to be applicable in distributing the estate of the deceased shall be determined by the incidence of marriage of the deceased. If a deceased contracted a statutory marriage, succession to his wealth will be effected in accordance with either the English law or the Administration of Estates Law (or equivalent legislation), depending on the jurisdiction. See Obuzez V. Obuzez (2007) 10 NWLR (Pt. 1043) 430.

Under English Law and the administration of estate laws of various state, the surviving spouse together with the children of the deceased inherit his estate to the exclusion of every other person. The parents of the deceased takes next after the surviving spouse and children, followed by brothers and sisters of the full blood, brothers and sisters of half blood, grandparents, aunties and uncles of full blood relation to the parents of the deceased etc. See Kekereogun & Ors v. Oshodi (1971) LPELR-1686(SC) subject however to contrary provisions under the administration of estate laws of various states.

Where however the deceased contracted a customary marriage, then customary law will determine who will inherit the property of the deceased. That is to say in the circumstance, heirs are those who are under native law and custom entitled to inherit his estate. For Muslims, Islamic law determines who to inherit the deceased estate.

Therefore, under the Nigerian law of intestate succession, one cannot choose his heir under the pretext of next-of-kin; the law imposes heirs on him. For example it is the surviving spouse and children of an intestate who married under the Act that are his heirs. The intestate cannot therefore, by naming only one of them or any of his other blood relatives his next-of-kin, scheme them out of inheritance as the act of naming his next-of-kin does not amount to testamentary disposition.

In view of the foregoing, there is nothing special about next-of-kin as far as succession is concerned. "Next-of-kin is merely the first contact point if anything happens to you. He is someone empowered to make decisions for you in times of emergency or where you are not readily available or unable to make the decisions yourself." - E. Kalu Ekpu Esq. Your Next of kin is someone empowered to provide necessary information about you where needed such as confirming your identity. He is also someone positioned to make medical decisions such as providing consent for a medical procedure. At best, what a next-of-kin can do after the demise of the deceased is perhaps to ensure that necessary steps are taken towards obtaining letter of administration from the probate. The typical Nigerian's conception of the term, "next-of-kin" is therefore erroneous.

A next-of-kin can inherit only if he is named in a Will as a beneficiary or by his status he is entitled by law to inherit but not actually because he is named as the next-of-kin of the deceased in a bank or place of work.

https://360mediaz.com.ng/the-real-definition-of-next-of-kin/

143 Likes 24 Shares

Re: What The Law Says About Next-of-kin In Nigeria by Ahmed0336(m): 10:02pm On Sep 13, 2019
Lovely write up OP.
So what is the fate of government workers in situations like this?

29 Likes

Re: What The Law Says About Next-of-kin In Nigeria by culf: 10:24pm On Sep 13, 2019
insightful.
Thanks @OP

7 Likes 1 Share

Re: What The Law Says About Next-of-kin In Nigeria by paragon40(m): 9:17pm On Dec 04, 2019
Ahmed0336:
Lovely write up OP.
So what is the fate of government workers in situations like this?
They should make a will since you know what you own and otherwise.

3 Likes 2 Shares

Re: What The Law Says About Next-of-kin In Nigeria by Hienna(m): 9:47pm On Dec 04, 2019
angry
Ok thanks...
Re: What The Law Says About Next-of-kin In Nigeria by lyriclekidd(m): 9:48pm On Dec 04, 2019
Money bend laws

8 Likes 1 Share

Re: What The Law Says About Next-of-kin In Nigeria by tundeyour87(m): 9:48pm On Dec 04, 2019
ok

1 Like 1 Share

Re: What The Law Says About Next-of-kin In Nigeria by MrMcJay(m): 9:48pm On Dec 04, 2019
As a lawyer, if you advise a client to consider writing his Will, such client would NEVER call you again.

90 Likes 1 Share

Re: What The Law Says About Next-of-kin In Nigeria by kaylawlah(m): 9:49pm On Dec 04, 2019
Wonderful write up....

14 Likes 2 Shares

Re: What The Law Says About Next-of-kin In Nigeria by LarrySun(m): 9:49pm On Dec 04, 2019
Next of kini?
Re: What The Law Says About Next-of-kin In Nigeria by WebSurfer(m): 9:50pm On Dec 04, 2019
Na who get money them sey reason him next of kin

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by Nobody: 9:50pm On Dec 04, 2019
This is quality content.

55 Likes 1 Share

Re: What The Law Says About Next-of-kin In Nigeria by Flexherbal(m): 9:51pm On Dec 04, 2019
"Next-of-kin is merely the first contact point if anything happens to you. He is someone empowered to make decisions for you in times of emergency or where you are not readily available or unable to make the decisions yourself."

We learn everyday!

28 Likes 2 Shares

Re: What The Law Says About Next-of-kin In Nigeria by bonnyhope: 9:51pm On Dec 04, 2019
If this is the case, why banks insist on next of kin when filling a form?
Re: What The Law Says About Next-of-kin In Nigeria by Amanda4life: 9:52pm On Dec 04, 2019
Ahmed0336:
Lovely write up OP.
So what is the fate of government workers in situations like this?


Tell us who is your next of kin?

Your brother or your wife
Re: What The Law Says About Next-of-kin In Nigeria by emonis88: 9:53pm On Dec 04, 2019
johnaruson:
WHAT THE LAW SAYS ABOUT NEXT-OF-KIN IN NIGERIA

Are you among those that think by giving a name to financial institutions (bank for example) as next-of-kin you have chosen that person to automatically inherit your wealth in the event of your demise? In other words, do you think by merely picking someone as your next-of-kin you have made that person a beneficiary to your wealth or entitlement(s) in the event of your death?"Let us attempt a little legal analysis based on two factors: whether the deceased has a Will (a document written by a deceased when he was alive that prescribes how his property is to be shared when he dies) or whether he dies without a will

In law when a person dies leaving behind a will, he is said to have died testate. In such a circumstance, Issue of next-of-kin becomes useless. The reason is that the wealth of the deceased will simply be shared in line with the contents of the will.

The position is still the same even where the deceased dies without leaving a will. The position is that when a person dies without a will, the question as to who to inherit his wealth is determined by law, that is to say, customary law, or Islamic law or English Law or the Administration of Estates law (or equivalent legislation) not whom the deceased mentioned in his bank or place of work as next-of-kin.

How then do we know the law to be applied in sharing the property of the deceased? The law to be applicable in distributing the estate of the deceased shall be determined by the incidence of marriage of the deceased. If a deceased contracted a statutory marriage, succession to his wealth will be effected in accordance with either the English law or the Administration of Estates Law (or equivalent legislation), depending on the jurisdiction. See Obuzez V. Obuzez (2007) 10 NWLR (Pt. 1043) 430.

Under English Law and the administration of estate laws of various state, the surviving spouse together with the children of the deceased inherit his estate to the exclusion of every other person. The parents of the deceased takes next after the surviving spouse and children, followed by brothers and sisters of the full blood, brothers and sisters of half blood, grandparents, aunties and uncles of full blood relation to the parents of the deceased etc. See Kekereogun & Ors v. Oshodi (1971) LPELR-1686(SC) subject however to contrary provisions under the administration of estate laws of various states.

Where however the deceased contracted a customary marriage, then customary law will determine who will inherit the property of the deceased. That is to say in the circumstance, heirs are those who are under native law and custom entitled to inherit his estate. For Muslims, Islamic law determines who to inherit the deceased estate.

Therefore, under the Nigerian law of intestate succession, one cannot choose his heir under the pretext of next-of-kin; the law imposes heirs on him. For example it is the surviving spouse and children of an intestate who married under the Act that are his heirs. The intestate cannot therefore, by naming only one of them or any of his other blood relatives his next-of-kin, scheme them out of inheritance as the act of naming his next-of-kin does not amount to testamentary disposition.

In view of the foregoing, there is nothing special about next-of-kin as far as succession is concerned. "Next-of-kin is merely the first contact point if anything happens to you. He is someone empowered to make decisions for you in times of emergency or where you are not readily available or unable to make the decisions yourself." - E. Kalu Ekpu Esq. Your Next of kin is someone empowered to provide necessary information about you where needed such as confirming your identity. He is also someone positioned to make medical decisions such as providing consent for a medical procedure. At best, what a next-of-kin can do after the demise of the deceased is perhaps to ensure that necessary steps are taken towards obtaining letter of administration from the probate. The typical Nigerian's conception of the term, "next-of-kin" is therefore erroneous.

A next-of-kin can inherit only if he is named in a Will as a beneficiary or by his status he is entitled by law to inherit but not actually because he is named as the next-of-kin of the deceased in a bank or place of work.

https://360mediaz.com.ng/the-real-definition-of-next-of-kin/
Are u a lawyer? Got a question for you.
Re: What The Law Says About Next-of-kin In Nigeria by babyfaceafrica: 9:53pm On Dec 04, 2019
the best decision is if by God Grace you reach 6o share your will before you die,no one will cheat another when you die
Re: What The Law Says About Next-of-kin In Nigeria by Chino099: 9:54pm On Dec 04, 2019
Interesting read

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by mrchineke: 9:54pm On Dec 04, 2019
MrMcJay:
As a lawyer, if you advise a client to consider writing his Will, such client would NEVER call you again.

Of course, Nigerians are ignorant, actually stupid, superstitious and just naff. Somebody should please stop us from having children. They end up worse than us!

10 Likes 1 Share

Re: What The Law Says About Next-of-kin In Nigeria by pocohantas(f): 9:54pm On Dec 04, 2019
bonnyhope:
If this is the case, why banks insist on next of kin when filling a form?

NOK is basically a contact person, way different from the beneficiary;

1. Should you decide to slump inside the bank.

2. You commit fraud and go incommunicado.

3. For whatever reason you need to be reached to correct an anomaly or relay a message.

Etc

33 Likes 1 Share

Re: What The Law Says About Next-of-kin In Nigeria by CHOPUP411(m): 9:56pm On Dec 04, 2019
God bless u for this write up
Re: What The Law Says About Next-of-kin In Nigeria by nkemdi89(f): 9:56pm On Dec 04, 2019
Next of kin may not be the soul inheriter of a will, but in the case of insurance, financial benefits and compensation, the next of kin will be the one to collect it. In the two cases I have witnessed, one died in air crash due to the disagreement over the next of kin which was the mother and wife on who to represent the man, the airline couldn't pay any of them. Another one was my colleague who made the last son of his mother the next of kin, after his unfortunate demise the office paid him the benefit, it was the money he used to sojourn his first journey to middle east.

6 Likes

Re: What The Law Says About Next-of-kin In Nigeria by realstars: 9:56pm On Dec 04, 2019
H
Re: What The Law Says About Next-of-kin In Nigeria by NwsBoy: 9:59pm On Dec 04, 2019
Amanda4life:



Tell us who is your next of kin?

Your brother or your wife

This your question shake me oo

But it is your first son that should be next of kin
Re: What The Law Says About Next-of-kin In Nigeria by Mokason28: 10:01pm On Dec 04, 2019
My next of kin saw my account balance yesterday and the Idiot said I should remove his name from that nansense embarassed

40 Likes 2 Shares

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