The phrase ‘next of kin’ is one that is not strange to most of us. It has either been used to our hearing or demanded from us at some point. Today, we’d be considering what the phrase means and the responsibilities envisaged by the law for one named as another’s next of kin.
A next of kin in the simplest form is the nearest blood relative of a person, e.g Elder or younger sibling, or a parent. Usually, at financial institutions or transport companies before transit, the details of a next of kin is required. This is done majorly to guarantee communication with a close third party in cases of any emergencies or eventualities.
By law, being named as a next of kin alone does not elevate you to the status of a ‘beneficiary’, being entitled to the properties of the person that named you.
This is particularly important in the case of financial institutions. A next of kin will only be entitled to ensure that the proper steps are taken towards the recovery of the money held at the bank, upon the demise of the owner but will not be entitled to the funds contained in the account.
In such cases, the law of succession with regards the state of the deceased will apply. The consideration will be whether the deceased died with a will (i.e testate) or without one (i.e intestate). The next of kin will only benefit from the estate if he/she was named in the will as a beneficiary or is in the line of succession by law, where there is no will.
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