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What The Law Says About Next-of-kin In Nigeria - Family (4) - Nairaland

Nairaland Forum / Nairaland / General / Family / What The Law Says About Next-of-kin In Nigeria (91842 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 Judybash93(m): 6:59am On Dec 05, 2019
Thanks for this
Re: What The Law Says About Next-of-kin In Nigeria by SUXXI(m): 7:37am On Dec 05, 2019
Next of kin gets the property of the deceased if there is no will before death.If there is a will before death,next of kin becomes invalid.
Where my mum worked,her boss asked all staff to update their next of kin before they will be promoted.Many have forgotten their that they put their friendsbrothers,sisters,,uncle,aunt as next of kin.They are now currently married with kids but the next of kin is not from his or her family beca use during employment have not yet married and so put close friend or family members.
That many family have been in pains as the father or mother dies,it is the next of kin that comes to claim the benefits and most will not share with the family of the deceased.So next of kin is former ex husband or wife.After remarry,it is needs to be updated if not ,the ex will come and claim those benefits.
Next of kin is very very powerful so it's good to always update it.I have updated mine from my brother to my kid as next of kin.So if anything happens,my child will not be left empty handed.
Letter of authority from probate registry seals ownership of rights for the deceased to the next of kin to be able to lay claims.
Also,care should be taken when selecting next of kin so as to be able to to be reasonable and handle and share the benefits to family members like brothers and sisters,parents etc.Not to claim everything as his or her owt leaving the rest empty handed.

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by LabDNA: 7:38am 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.

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by SUXXI(m): 7:39am On Dec 05, 2019
Sorry for my typos.
Re: What The Law Says About Next-of-kin In Nigeria by Mokason28: 8:07am On Dec 05, 2019
doggedfighter:

This is so hilarious grin grin grin .
Hey honey kiss
Re: What The Law Says About Next-of-kin In Nigeria by bluefilm: 8:10am On Dec 05, 2019
Thank you so much Mr. Johnaruson for this post.

I found it very enlightening.
Re: What The Law Says About Next-of-kin In Nigeria by KaptainAfrika: 8:11am On Dec 05, 2019
"Should you decide to slump inside the bank." LOOOOOOL !

pocohantas:


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
Re: What The Law Says About Next-of-kin In Nigeria by OkunrinMeta: 8:24am On Dec 05, 2019
drmikeadams:




Well my own cousin do am to em own brother

Do you know other people that such did not happen to? It's mostly bad news that the extended family are told anyways.
Re: What The Law Says About Next-of-kin In Nigeria by Lordave: 8:32am On Dec 05, 2019
NwsBoy:


I'm a Nigerian and I'm based here in Nigeria...I'm not like those men that look down on their wife and call them kitchen material..those so called men that think their wife can not advise them.....

As for me my wife is going to be my right hand man...and I will give her the respect she deserves as a woman,wife,and mother (she go born my pikin na)....as for next of kin a wife can be... depending on her relationship and marriage with the man(some women are just wicked that their husband cannot make them next of kin and also some men are dark hearted that they cannot make their wife next of kin,no matter how loyal she is to him).
Good



But do you know why your post had just 1 like before I gave it made it 2?
Re: What The Law Says About Next-of-kin In Nigeria by pacespot(m): 9:04am On Dec 05, 2019
ejimatic:
. 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.

Thank you for this insight too sir! In this particular instance I asked the question of, there was no wife with the deceased when he was alive, all the wives have departed to marry another men at least 10 years prior to the death of the deceased. And this deceased person died intestate. The next-of-kin (son) processed the estate of his father like the pension and gratuity who died in active service.
Re: What The Law Says About Next-of-kin In Nigeria by pacespot(m): 9:16am On Dec 05, 2019
Hermionegranger:
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.

In this case, there was no money paid into any account as at the time the deceased died. This is a case of someone died in active service and the person responsible for the processing of his death benefits is the next-of-kin (son). And this deceased person died intestate. Please can you explain what you mean by the Administration of Estates law of the state. Do you mean the governing law of the administrator-general and public trustee, because this estate in question was paid in the administrator-general and public trustee office? Does the next-of-kin require a letter of administration to be able to collect the money?
Re: What The Law Says About Next-of-kin In Nigeria by ejimatic: 9:41am On Dec 05, 2019
pacespot:


Thank you for this insight too sir! In this particular instance I asked the question of, there was no wife with the deceased when he was alive, all the wives have departed to marry another men at least 10 years prior to the death of the deceased. And this deceased person died intestate. The next-of-kin (son) processed the estate of his father like the pension and gratuity who died in active service.
. what people do is to use their Son as the next of kin instead of wives or a wife and they will indicate in the property document that in the case of death the estate belongs to the children (one of them is the next of kin) No.man wants his property to be taken to another man if his wife remarries after his death.The man who is given the property as the next of kin will work with other children to use or dispose the property.If the property is to be sold all the children must sign the document.If the deceased has many wives a child from each of them must sign the document.So in case of death without a will the content of the property will determine who takes over the ownership of the property........There are crises on sharing property when extended family members are interfering in what does not belong to them.If you know your what your family can do, you should plan against that before death
Re: What The Law Says About Next-of-kin In Nigeria by jimb(m): 9:54am On Dec 05, 2019
at what age should a man write his will?
aged men in Africa loose their sanity early in life which xould primary affect their will to will.
Re: What The Law Says About Next-of-kin In Nigeria by petitejolie(f): 10:48am On Dec 05, 2019
This one is not nollywood matter. I have seen it live and direct . Some that acted as good people wen the man was alive turned devils over night cos of property
OkunrinMeta:


You watch too much nollywood! Nigerians are NOT evil people!
Re: What The Law Says About Next-of-kin In Nigeria by funkyjms: 1:22pm 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.

I'm curious. What are the reasons? Legal fee or what?
Re: What The Law Says About Next-of-kin In Nigeria by jimmynauty: 1:47pm On Dec 05, 2019
thanks print and will read
Re: What The Law Says About Next-of-kin In Nigeria by mrdipye(m): 2:17pm On Dec 05, 2019
Learning never end
Re: What The Law Says About Next-of-kin In Nigeria by Whyzaid(f): 2:57pm On Dec 05, 2019
Gforce2015:


No. He's a mechanic. Your instinct supposed to tell you that it take a brilliant lawyer to script this legal ideas
chai! See response
Re: What The Law Says About Next-of-kin In Nigeria by henryboyspaco(m): 3:23pm On Dec 05, 2019
Lovely writeup OP.
What about in a situation where the deceased has more than one wife, and apparently the next-of-kin (who happens to be the overall first born) goes away with all the properties of their late dad. What then is the fate of the other party?
I mean, how would one follow-up such cases?
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/
Re: What The Law Says About Next-of-kin In Nigeria by Mryacks: 4:53pm 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/

Very educative....schooled!
Re: What The Law Says About Next-of-kin In Nigeria by sharone21(f): 5:13pm On Dec 05, 2019
luckyedgal1:
NICE ONE OP, THANKS FOR THE ENLIGHTENMENT...WELL WHAT ABOUT NO WILL JUST NEXT OF KIN AND THE FIRST SON WAS ACTUALLY BORN OUT OF WEDLOCK? HOW WILL THE PROPERTIES BE SHARED?
THANKS
Any man dat has impregnated another woman nd has a child out of his marriage, d man must write a will also in favour of dat child of his. If even he hides it from d wife inside, d family will fight for d child outside nd dats our culture... Dats why its good to know God nd fear him because of nemesis dat will catch up with him or kids left behind
My mum answered this question...she is not a lawyer but has many times seen cases like this....
To me: Unless the child outside still cares, if I am the Mama, I will work hard such that the child won't need the property of a man that didn't deem it fit to marry the mum and put him IN a family.
Re: What The Law Says About Next-of-kin In Nigeria by sharone21(f): 5:19pm 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
Our men too do OVERSABI, then the others are naive.
Re: What The Law Says About Next-of-kin In Nigeria by sharone21(f): 5:44pm On Dec 05, 2019
My questions are:1) How much is the Letters of Administration presently? 2) Why does it take long to get....or how long does it take now to get.
*I know that only the person with possession of death certificate can process this, usually the LEGALLY MARRIED wife. That is why ladies must not marry traditional men who are contented with only Customary marriage.....I thank God for my BELOVED dad.
Re: What The Law Says About Next-of-kin In Nigeria by johnaruson(m): 6:53pm On Dec 05, 2019
Knowledge is power
Re: What The Law Says About Next-of-kin In Nigeria by MrMcJay(m): 9:08pm On Dec 05, 2019
funkyjms:


I'm curious. What are the reasons? Legal fee or what?

Nigerians have a morbid fear of Wills. If you tell them to write one, they feel you wish them dead.
Re: What The Law Says About Next-of-kin In Nigeria by Nobody: 9:24pm On Dec 05, 2019
Mokason28:
My next of kin saw my account balance yesterday and the Idiot said I should remove his name from that nansense embarassed

This is funny.....

Re: What The Law Says About Next-of-kin In Nigeria by Mokason28: 10:20pm On Dec 05, 2019
StacyO:


This is funny.....
Hey beautiful kiss
Re: What The Law Says About Next-of-kin In Nigeria by funkyjms: 11:11pm On Dec 05, 2019
MrMcJay:


Nigerians have a morbid fear of Wills. If you tell them to write one, they feel you wish them dead.

LOL very funny!
Re: What The Law Says About Next-of-kin In Nigeria by luckyedgal1(m): 12:56pm On Dec 06, 2019
sharone21:
Any man dat has impregnated another woman nd has a child out of his marriage, d man must write a will also in favour of dat child of his. If even he hides it from d wife inside, d family will fight for d child outside nd dats our culture... Dats why its good to know God nd fear him because of nemesis dat will catch up with him or kids left behind
My mum answered this question...she is not a lawyer but has many times seen cases like this....
To me: Unless the child outside still cares, if I am the Mama, I will work hard such that the child won't need the property of a man that didn't deem it fit to marry the mum and put him IN a family.


Thanks I am very Grateful for your advice and my regards to your mum for the enlightenment.. well this is my case though, my dad is late and i was born out of wedlock, my mum too is late too, bought my step mum is still alive, the name on the next of kin at him work place was my name but they said he later change it to my step mum name and the daughter, i am not draging anything with them we are in peace as we have not shared the property i was very happy when i read your post about NOK. I am working on my own to make it in life, but they happy enjoying the rantage because its their name of the NOK i am not borthered about it at all. I am even waiting on the day they will say let come and share the properties.
Thanks

1 Like

Re: What The Law Says About Next-of-kin In Nigeria by OkunrinMeta: 5:06pm On Dec 06, 2019
petitejolie:
This one is not nollywood matter. I have seen it live and direct . Some that acted as good people wen the man was alive turned devils over night cos of property

Some
Re: What The Law Says About Next-of-kin In Nigeria by antibullshit: 2:53am On Oct 14, 2021
This may be the law but that's not what happens . These laws are very loose with many loopholes that can be exploited .Next of kin means nothing when there's a will but in the absence of a will I don't see it going any other way. I have personally lost a sibling who was divorced and named me as next of kin and no one ,be it the pension managers or family members have raised any objection about giving me the money .

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