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. He 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.

- Oliver Chukkol

iamkazeem:
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. He 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.

- Oliver Chukkol

Interesting and incisive. I learnt something new.

iamkazeem:
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.

Mmm my brother at law, you have been misled. But I'll challenge you in the morning! No insults or ridicule to be given just a fair legal banter.

so what is the essence of next of kin on the document in the first place.q

fineboynl:
so what is the essence of next of kin on the document in the first place.q

Oh oh oh!

But I'll put it in view tomorrow by the Grace of God!

Interesting, thanks.

I've learnt something new today.

iamkazeem:
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.

And this is where you have begun your error for what is the difference between "A Will" and A Declaration stating that in the event of Demise, the Person so Named in this Document shall step into my place as the name implies, Next of Kin, to wit, Next-of- Kindred (NOK)?

None, I say for they are both Written Declarations Appointing A Named Person to Take up the Possession (and may be ownership) of properties/goods previously belonging to The-Ceased (Now called De-Ceased).

They are both Clear Written Declarations and Instructions made by The-Ceased in his lifetime.

The-Ceased expected them to be obeyed and carried out at his ceasure and the Receiver of his Declaration Promised to Undertake and Abide with his instruction, so wherein is the difference between NOK and A Will?

None, I say, None Whatsoever!

iamkazeem:

WHAT THE LAW SAYS ABOUT NEXT-OF-KIN IN NIGERIA

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.

A Will is an A Declaration of NOK and a NOK is A type of Will!

iamkazeem:

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.

Not entirely correct yet not entirely wrong.

When a person dies in absence of a will the Applicable Law should be first, The Personal Law of The-Ceased which is known by the members of his immediate family.

If this does not resolves the issue, then it transmits to The General and Collective Law of The-Ceased's Immediate and Direct Family.

If this still fails to resolve the issue then it would go to The Natural Law Courts And Not Administration of Estate's Law which is a man-made law made to steal the properties/goods of dead people!

And here is where you find the Limitation of the NOK Declaration which is limited only to the place where the NOK is undertaken.

NOK can not cover any property that is beyond the Reciever eg Bank/Office of the NOK to give because it is The Law "No One Can Give that which He Does Not Have!"

iamkazeem:
WHAT THE LAW SAYS ABOUT NEXT-OF-KIN IN NIGERIA
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.

This is Bad Pronouncement of Law for first by The Law of Marriage, The-Ceased and his Spouse are One

Therefore, upon the death of a Partner, the Surviving Spouse Automatically steps into his place (if there is no reasonable disqualification of same) and continues as though he were alive for "Equity Does Not Allow Waste!"

So all valid Surviving Spouse or Spouses are Automatically appointed by Law to administer the property of the-ceased, since they would be aware of his Personal Laws and can Rightfully Execute them before the other Laws I mentioned above come in effect.

iamkazeem:
WHAT THE LAW SAYS ABOUT NEXT-OF-KIN IN NIGERIA

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...

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.

This is Bad Law! and Alien law!

iamkazeem:

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.

As said earlier, NOK is limited only to the place where it is undertaken, it can not cover any other property that is not subject to the NOK!

iamkazeem:

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. He 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.

- Oliver Chukkol

Wrong and Lies!

NOK is a type of will, it is A will of A Limited Power in a Specific and Identified Place where it is Undertaken!