Am thinking of using Amina ( my best olosho for ketu as my next of kin)

One bank staff once asked me, why I used my husband as my next of kin?
In his words “ don’t you have a child “

Hmmm

My next of Kin is myself

Wow wow wooow!!! Many thanks to the OP @Dagger111.

I was amongst those who had this erroneous interpretation of next of kin.

LOL I've heard some people refer to the term as"next of King".

Next post should be to enlighten us about the importance and necessity of a will.

Many have this belief that drafting a will means you're preparing for and attracting death.

nest man with access

u try small

Dagger111:
*THE MEANING OF "NEXT OF KIN"*

By: B.C OBILOR Esq., Dip (Law), LL.B (HONS), BL

The term “Next Of Kin” simpliciter, does not confer the right of inheritance on the person so named. If so, of what use is the term?"

*INTRODUCTION*

The meaning and the legal implication of the term “next of kin” have been constantly misunderstood by the ordinary public. It appears, though erroneously, that many people think that once you are appointed the next of kin of a person, it automatically gives you the right to inherit the person’s estate upon his demise. In fact, many people think that, a next of kin gives an exclusive right over a person’s property.

The above erroneous belief and understanding of the term next of Kin has made many people to shy away from the need to make a Will. This is because, they think appointing a Next of Kin, is a way of naming your beneficiary. However, the above assumption is not in conformity with the law. It must be noted that, ignorance of the law is not an excuse.

*WHAT THEN IS THE MEANING OF THE TERM “NEXT OF KIN”?*

The term, next of Kin has been described as the nearest blood relative of a person. See JOSEPH v FAJEMILEHIN O.O & Anor (2012) LPELR-9849(CA). The term can also refer to a person who can be contacted or notified in cases of emergencies or eventualities. For instance, one of the forms that is usually filled while on transit, requires the information of next of kin. This is needed in case of any accident. In other words, where there is an accident involving that person, his next of kin shall be notified or informed.

Also, the term is constantly put into use by hospitals. In this case, next of kin means a person who can make medical decisions for a person who is incapacitated or unable to do so, during emergencies.

The term is also frequently used in financial documents by banks and other financial institutions. In this instance, next of kin means a person who can ensure that the proper steps are taken towards the recovery of the money held at the bank, at the demise of the owner. In other words, being a next of kin of a person, as regards his money in the bank, does not give a right to inherit such money, either partly or as a whole.

*WHAT IS THE LEGAL IMPLICATION OF THE TERM NEXT OF KIN AS IT RELATES TO THE LAW OF SUCCESSION?*

It must be noted that appointment of a next of Kin is not a substitute to the making of a valid WILL. The reason is because, when a person dies testate (that is, the person made a valid Will), the matter of next of kin is of no relevance. The estate of a deceased person who dies testate is distributed strictly according to the Will. Thus, his next of kin will only be entiled to his estate, if the WILL says so.

On the other hand, in a situation where the deceased died intestate (that is, without making a valid Will), the question of the distribution of his estate is governed by the law. The customary law/Islamic law or the Administration of Estate Law will apply depending on the kind of marriage contracted by the deceased. In other words, if the deceased contracted a statutory marriage (popularly known as court marriage), the distribution of his estate shall be governed by either the English Law or the Administration of Estate Law. See OBUZEZ V OBUZEZ (2007) 10 NWLR (Pt.1043) 430. It must be noted that the Administration of Estate Law provides for the order of inheritance which must be complied with strictly and a next of kin, is not among the categories of those entitled to inheritance in this instance.

In other words, Succession is regulated by law. It is only those entitled by law to inherit a deceased person’s estate that can do so. A next of Kin is not one of such persons. However, this is without prejudice to his right to inherit on a personal ground. Thus, if the person so named as a next of kin is the son of the deceased, he is entitled to inherit, not as a next of kin, but because he is the legitimate son of the deceased. Also, if the person so named as a next of kin, is also named in a valid Will made by the deceased, he is entitled to an inheritance not because he is a next of kin, rather, because, he is named in the WILL.

*CONCLUSION*

A next of kin, who is usually a blood relative, though not always, has no legal right of inheritance by virtue of his status as a next of kin simpliciter. However, it must be noted that the appointment of a next of kin is not a means or method of naming an heir. A next of Kin is not recognised as an heir under the Nigerian law of succession.

Therefore, next of kin, _stricto sensu,_ does not by any stretch of imagination, entitle the person so named an automatic right of inheritance. If the person so named as a next of kin is not entitled either by the WILL or by other laws of inheritance, to inherit, he cannot be conferred with the right of inheritance by the mere fact that he is named as a next of kin.

It is hereby submitted that when it comes to the law of succession, the term next of kin has no legal implication. It therefore does not confer the right of inheritance. Thus, it is erroneous and unlawful for anyone to claim any inheritance on the singularly reason that he is named as a next of kin. Such claims have no legal bases and are unfounded.

Therefore, next of kin, _stricto sensu,_ does not by any stretch of imagination, entitle the person so named an automatic right of inheritance. If the person so named as a next of kin is not entitled either by the WILL or by other laws of inheritance, to inherit, he cannot be conferred with the right of inheritance by the mere fact that he is named as a next of kin.

Me bloodclaat

.

Dagger111:
*THE MEANING OF "NEXT OF KIN"*

By: B.C OBILOR Esq., Dip (Law), LL.B (HONS), BL

The term “Next Of Kin” simpliciter, does not confer the right of inheritance on the person so named. If so, of what use is the term?"


... if the deceased contracted a statutory marriage (popularly known as court marriage), the distribution of his estate shall be governed by either the English Law or the Administration of Estate Law. See OBUZEZ V OBUZEZ (2007) 10 NWLR (Pt.1043) 430.

/
Nigeria remains a subject to the English.

What Independence?

/

lilyheaven:
One bank staff once asked me, why I used my husband as my next of kin?
In his words “ don’t you have a child “

LOL.

All this law people self they just like to contradict themselves thereby causing confusion among we men

Wondakind:
So what are banks using next of kin for?

The article hinted it. Banks use next of kin to know who they will hand over the dead person's money to. However, that doesn't mean he has right to spend it. It only means the deceased trusts the person to carry out the necessary responsibilities after their demise.

So, if you're your friend's next of kin, you should ensure that his money after his death is spent as he has willed it or at least ensure it is spent on training his orphaned children and widowed wife. Not spend it on yourself.

ayourbamie:
Is it not the closest person to you, someone you can entrust your possessions to?

Well, u just heard its not

Administration1:
The person that will inherit your property when you kpai

that's an heir not next of kin

Folamyboo:
I think in Yoruba, it means "Ade o ri Okin"

Face cap ori kpekpeye ni...lol

nice read...thank you....you deserve some accolades, drinks etc...u too sabi

ayourbamie:
Is it not the closest person to you, someone you can entrust your possessions to?

NO! The more reason you need to read the content

ILLITERACY IS A DISEASE!!!





AND THE PIGS, PIGLETS AND IDIOTS HAVE BEEN CALLING IT 'NEEST OF GING'



ILLITERACY HAS BEEN LIVING WITH PIGS SINCE 005 B.C!


SHIORRRRRR

This write-up is just like Buhari, busy doing nothing. So long a story with nothing new to take home.

This is why I hate law.

What they should say in one line, they would use a whole page to say it.

The verbosity and superflosity of their legal syntax is orgasmic to them.

HRSweetness:
Wow wow wooow!!! Many thanks to the OP @Dagger111.

I was amongst those who had this erroneous interpretation of next of kin.

LOL I've heard some people refer to the term as"next of King".

Next post should be to enlighten us about the importance and necessity of a will.

Many have this belief that drafting a will means you're preparing for and attracting death.

Lolz, your last paragraph got me laughing.

You are welcome though.

.

Nice one op

The best word to use is Successor or Beneficiary in a will both written or oral. The word Next of Kin (NOK) is very ambiguous

Next Of Kini?

Lexusgs430:
Wives don't trust their husbands in death..........

You wan collect her hard work, go marry one useless other, wey go maltreat her pickins and chop all the money..........

But a Husband should trust his wife in death abi?

So that she can quickly get married to another man and that man will likely have his share in the deceased wealth? That's if he doesn't even take full control sef.

That Op's picture depicts the mentality of African women. Should'll be surprised in Western countries, that's not the case. Most African women believe their husband MUST die before them.