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What The Law Says About Next-of-kin In Nigeria - Family (3) - Nairaland

Nairaland Forum / Nairaland / General / Family / What The Law Says About Next-of-kin In Nigeria (91841 Views)

Who Should Be A Man's Next Of Kin Between His Mum And His Wife? / Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise / The Meaning Of "Next Of Kin" (2) (3) (4)

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Re: What The Law Says About Next-of-kin In Nigeria by NwsBoy: 11:02pm On Dec 04, 2019
sassysure:
kiss kiss kiss
I get emotional over this because when I served in one govt paraststal so, I was in a dept that suits like this happen every day. My òga trusted me to go through all the employers files to check out next of kin, contact them and educate them on the need to use their children if they don't want their wives to be next of kin. Bros, more than 80% of the guys disappointed me. Women were using husband. Northerners where worst. U hate the first wife and marry another, use the child of the second wife.
What about the children of the first wife?.
And by law, first wife is always contacted unless divorced.
Court recognises her ore than the rest.
I was just venting out my frustration on this matter.
Infact, they constantly took us to court and win that a circular was sent out that everybody should go and amend their next of kin.
It was that bad.
One man said he will not put any body's name cheesy

That's the fact....they are not educate,
that is why they make the wrong decision thereby depriving the rightful next of kin from what belongs to them.

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by Nobody: 11:08pm On Dec 04, 2019
NwsBoy:


That's the fact....they are not educate,
that is why they make the wrong decision thereby depriving the rightful next of kin from what belongs to them.
Forget that. These are well educated men.
Don't know why we got it all wrong.
This is the same women they kiss and make love to everyday yet hate to put thier names as next of kin.
Why is it so.
All the women used their husbands not children's name. Not even one.
I mean, we were visibly shocked

2 Likes

Re: What The Law Says About Next-of-kin In Nigeria by NwsBoy: 11:17pm On Dec 04, 2019
sassysure:

Forget that. These are well educated men.
Don't know why we got it all wrong.
This is the same women they kiss and make love to everyday yet hate to put thier names as next of kin.
Why is it so.
All the women used their husbands not children's name. Not even one.
I mean, we were visibly shocked

Hmmm So you men those women put their husband as next of kin while the men put other people instead of their wife or children....

Those men don't trust their wife and on the other hand I don't know why those women chose their husband(maybe it's because of love)in stead of there children..
Re: What The Law Says About Next-of-kin In Nigeria by CloudResident(m): 11:27pm On Dec 04, 2019
Enlightening!
Re: What The Law Says About Next-of-kin In Nigeria by Nobody: 11:28pm On Dec 04, 2019
NwsBoy:


Hmmm So you men those women put their husband as next of kin while the men put other people instead of their wife or children....

Those men don't trust their wife and on the other hand I don't know why those women chose their husband(maybe it's because of love)in stead of there children..
Why won't they trust their wives?
How come the wives trust them?

U don't wanna answer this, right cheesy

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by NwsBoy: 11:32pm On Dec 04, 2019
sassysure:

Why won't they trust their wives?
How come the wives trust them?

U don't wanna answer this, right cheesy

grin I'm not them na
I don't know why they don't trust their wife.

Most women easily love...so I guess they love their husband,
That is why they choose them as their next of kin

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by Nobody: 11:41pm On Dec 04, 2019
NwsBoy:


grin I'm not them na
I don't know why they don't trust their wife.

Most women easily love...so I guess they love their husband,
That is why they choose them as their next of kin
Hahahaaaa cheesy
Ask your friends, they will tell you.
Re: What The Law Says About Next-of-kin In Nigeria by garfield1: 11:50pm On Dec 04, 2019
sassysure:

Hahahaaaa cheesy
Ask your friends, they will tell you.
Hmm.highly insightful piece
Re: What The Law Says About Next-of-kin In Nigeria by NwsBoy: 11:51pm On Dec 04, 2019
sassysure:

Hahahaaaa cheesy
Ask your friends, they will tell you.


smileyYou're a female right?

Ask your boyfriend if he will do the same thing..

grin I can't ask marlians this question..(some of my friends...ps:I'm not a Marlian oo)
Re: What The Law Says About Next-of-kin In Nigeria by Narldon: 11:58pm On Dec 04, 2019


Re: What The Law Says About Next-of-kin In Nigeria by Temptee101(m): 12:03am On Dec 05, 2019
Quite insightful

Well articulated. Kudos Op
Re: What The Law Says About Next-of-kin In Nigeria by Temptee101(m): 12:04am On Dec 05, 2019
Narldon:



This is stale, enough of this please
Re: What The Law Says About Next-of-kin In Nigeria by Nobody: 12:04am On Dec 05, 2019
NwsBoy:



smileyYou're a female right?

Ask your boyfriend if he will do the same thing..

grin I can't ask marlians this question..(some of my friends...ps:I'm not a Marlian oo)

Oops,.I thought I was discussing with a married guy.
My bad.
Re: What The Law Says About Next-of-kin In Nigeria by Awoleesu(m): 12:16am On Dec 05, 2019
Amanda4life:



Tell us who is your next of kin?

Your brother or your wife

Does this make any sense?

Re: What The Law Says About Next-of-kin In Nigeria by NwsBoy: 12:30am On Dec 05, 2019
sassysure:


Oops,.I thought I was discussing with a married guy.
My bad.

No,I'm not married,
But I know what is right..

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by Nobody: 12:35am On Dec 05, 2019
NwsBoy:


No,I'm not married,
But I know what is right..

K.
Good logging head with you.
Re: What The Law Says About Next-of-kin In Nigeria by drmikeadams(m): 12:37am On Dec 05, 2019
OkunrinMeta:


Again, nollywood story line. All the people I have seen from personal experience who sent money home were not duped. I am not saying it does not happen but if you check the percentage, over the millions of people that were not duped, you will see that it's not as rampant as nollywood has made non-thinkers believe.



Well my own cousin do am to em own brother
Re: What The Law Says About Next-of-kin In Nigeria by NwsBoy: 12:39am On Dec 05, 2019
sassysure:

K.
Good logging head with you.

Okay...Good night.
Re: What The Law Says About Next-of-kin In Nigeria by Yankee101: 1:24am On Dec 05, 2019
Write your will peoples
Re: What The Law Says About Next-of-kin In Nigeria by pacespot(m): 1:32am On Dec 05, 2019
ejimatic:
. Will is a statement of how property is to be shared.Possession of some property after a persons death is determined by regulation guiding the property...If for example if a person name is written in a bank document or pension document as the next of kin the money will be given to the person . not all wives and children.The recipient will share the property accordingly.... Additionally if a deceased has a land property and he has no will at death the content of the land document will determine how to share the piece of land.

Thank you for this, i had wanted to ask op this question. What if the next-of-kin is the son of the deceased with his name written as the next-of-kin in the official document where his late father worked and he happened to process the gratuity and pension of his deceased father from the government, what law will be applicable in that regard, or does he need to process the letter of administration for himself to be able to collect the money?
Re: What The Law Says About Next-of-kin In Nigeria by pacespot(m): 1:45am On Dec 05, 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/


@op, sorry I had to quote the whole post because I wanted a quick reply on this:

What if the next-of-kin is the son of the deceased with his name written as the next-of-kin in the official document where his late father worked and he happened to process the gratuity and pension of his deceased father from the government, what law will be applicable in that regard, or does he need to process the letter of administration for himself to be able to collect the money?
Re: What The Law Says About Next-of-kin In Nigeria by EkopSparoAyara(m): 2:06am On Dec 05, 2019
Quality content... It is an eye opener so that we all can discard the erroneous and superstitious belief...
Re: What The Law Says About Next-of-kin In Nigeria by pacespot(m): 2:15am On Dec 05, 2019
sassysure:

Forget that. These are well educated men.
Don't know why we got it all wrong.
This is the same women they kiss and make love to everyday yet hate to put thier names as next of kin.
Why is it so.
All the women used their husbands not children's name. Not even one.
I mean, we were visibly shocked

I hope you are in their position before you judge them. There is this misconception that Arabs and Muslims discriminate against women more than others, but it is actually the case of understanding their women than others.

Every man cares about his legacy, and the only way to ensure that is to choose the next-of-kin who is a rightful heir, and this is either your son or a trusted male blood relative. A woman can easily leave you to marry another man, that automatically gives your rightful heir and legacy to another man. Imagine the family wanted to sit on how to share your property and your ex-wife (who is married to another man) had to be there before they can do anything. This is an insult to your memory.

Muslims tend to respect their woman once her son attained the age of maturity where he can successfully represent his father and the family. So automatically, the respect accorded to the son will also extend to his mother.

Try to get my point, I'm not saying the husband should not allow his wife to inherit his property even if she had no issue. That is why the will is recommended.

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by jadeliyi(m): 2:50am On Dec 05, 2019
bonnyhope:
If this is the case, why banks insist on next of kin when filling a form?
it a mandatory requirement by CBN that all customer must provide a next of kin, in order to reach the customer in case the bank cannot reach the customer.

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Re: What The Law Says About Next-of-kin In Nigeria by anonimi: 5:38am On Dec 05, 2019
johnaruson:
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.

What is the essence of naming anyone in this context except for making a Will, thus no longer dying intestate?
Please clarify.

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by mysubscription: 5:52am On Dec 05, 2019
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Re: What The Law Says About Next-of-kin In Nigeria by Hermionegranger(f): 5:57am On Dec 05, 2019
pacespot:



@op, sorry I had to quote the whole post because I wanted a quick reply on this:

What if the next-of-kin is the son of the deceased with his name written as the next-of-kin in the official document where his late father worked and he happened to process the gratuity and pension of his deceased father from the government, what law will be applicable in that regard, or does he need to process the letter of administration for himself to be able to collect the money?
The Administration of Estates Law of the state where the deceased lived will apply. If the Pension and gratuity were paid into an account opened by the deceased for that purpose before he died, the bank will not allow the son to touch the money until he gets the Letters of Administration. He should go to the probate registry to get letters of administration; when he does, the bank will open a new account called an estate account and pay the money into it.
Re: What The Law Says About Next-of-kin In Nigeria by ejimatic: 6:13am On Dec 05, 2019
pacespot:


Thank you for this, i had wanted to ask op this question. What if the next-of-kin is the son of the deceased with his name written as the next-of-kin in the official document where his late father worked and he happened to process the gratuity and pension of his deceased father from the government, what law will be applicable in that regard, or does he need to process the letter of administration for himself to be able to collect the money?
. Good contribution sir! A man had four wives .He was a police officer.After his death all his wives started heated argument and fight because of his pension and money he had in bank. His lawyers informed them none of their names was used as the next of kin so they could not legally collect the money.Surprisingly the man used one of his daughters who was organisational and caring.She was outside the country then.She came back yo Nigeria to collect the pension and money in the bank. In some situations some agencies and parastatalls and companies have even columns for Next of kin and who to contact in case of death and accident to emphasise the relevance of next of kin. Additionally a will must be respected.If the will says the property including money must be given to Mr A while the next of kin is Mr C, Mr C will collect the property including the money and give it to Mr A as contained in the deceased will.If this is not done accordingly legal action will take place against the custodian of the deceased property including money.
Re: What The Law Says About Next-of-kin In Nigeria by jolyment: 6:24am On Dec 05, 2019
kanayo76:
My question is, is it proper for a woman to make her son next of kind when the husband is still alive?
In the case of where a man died without children, and he used his wife as next of kind, who will inherit his properties?

The wife
Re: What The Law Says About Next-of-kin In Nigeria by mimimile93: 6:30am On Dec 05, 2019
MrMcJay:
As a lawyer, if you advise a client to consider writing his Will, such client would NEVER call you again.
they will ask u if u are wishing dem death
Re: What The Law Says About Next-of-kin In Nigeria by skyhadi16(m): 6:38am On Dec 05, 2019
kmffd:
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Do business with this guy, at your own risk. Be warned.
Re: What The Law Says About Next-of-kin In Nigeria by Abdbaba: 6:56am On Dec 05, 2019

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