₦airaland Forum

*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.

JenniferEkubo:
ehen oya gimme small tin inside

Oya DM

JenniferEkubo:
lol lie lie

To what gain will i lie ma?

rita25:
nobody show me shege but i rather be safe than sorry before una go hear say na from nairaland the thing start then lead to story that touch

Hahaha... e choke o. But seriously, we are not the same.

I was there life. I tried teasing him in collecting mine bt he finally dropped 150k for me sha.

rita25:
i dont want wahala.....me i am not greedy oh........................bless ke? only God can bless me.....thanks for the offer all the same

Yinmu. Nairaland boys don show this one shege, many of them no dey give this one shishi if she send acct details. You try sha.

rita25:
SHEBI THAT WAN FOR STILL BETTER SMALL HIT ME GBAS GBOS IN MY POCKET FINANCIALLY AND THE BAD NEWS EVERYDAY EMOTIONALLY.....................................

Oya DM me, let me bless you.

rita25:
SMALL HIT U DEY BREAK NOSE DO U KNOW HOW NIGERIA MY COUNTRY HAS HIT ME GBAS GBOS?

Do you mean hit you gbas gbos down there?

Kosoco:
This Pics is not Right

But it is left!

Eepele, eyan flyer.

NewDelhi:
Heard this boy is a navy boy.

Yes, he serves in Ikeja and still go to work often.

Thank God o, they don finally catch my Niggar, eyan Slawormiir. That's him, for those that don't know him.

Koni dafun e Femi.

Na Burna get there.

izzou:


[color=royalblue]I gave two Nigerian soldiers a lift this morning, and from their discussion, they really love this Yahaya guy

I don't know much about the army structure, but they really sounded bitter with the late COAS. They didn't like him at all, any they were not sympathetic even in death.

I wish this one well[/color]

The late COAS wanted to destabilize the Army with his tricky schemes to devalue the soldiers' little salaries. He withdrew all soldiers on Army sponsorship in civil University to return back to barracks, except those in final year. As in, different orders he dished out, soldiers were nt comfortable at all. I could remember how many soldiers rejoiced when the news of his death broke out. I jst pray for this new COAS nt to change or deviate from his good characters, as he is really a welfare man.

jasmine1600:
They deceived Ortom to kill Gana so that nobody could stand their way when they come and he foolishly handed him over to them. Now, they have invaded and killed Tiv people and their warLord is nowhere to save them.
If not for ESN and IPODS in d east, Benue genocide would have been a child play.
Nigerians should open their eyes, this people are here only to destroy.

Is this trash related to the above topic at all? Na so una dey fail exams.

See as the thing be like kpekus labia.

Abeg, how una dey get energy and time to type all these long episodes ?

Not genuine, maa teri si o.

Koryc:
Good they should be locked up and the keys thrown into a flowing river.

River Niger 2 b specific.

More pics. Dozens of bicycles, equipment and ammunitions were recovered from the BHTs.

Civilian JTF of Pulka in Gwoza LGA carried out an operation around Kirawa, border town between Nigeria and Cameron. No any Military force or Police was involved, the Civilian JTF alone dealt with the Boko Haram terrorists hiding in the mountains of Kirawa. The BHTs were fully neutralized in the general area of Kirawa. Kudos to the Civilian JTF. Pictorial evidence attached (graphics).

Onyi22:
What's about this F T C since morning?
Am I that jobless

Very jobless, afi kodoko.

Pple no go talk abt this topic because 85% of Nigeria youths do masturbate.

OP!! How many u don chop?

Eriokanmi:
it's possible that way. The message would surely show the "delivered" sign but won't show the "read" blue colour.

Bro, it will only show sent sign (single mark). Whereas, i will receive and read it at my end. Just learn more.

Eriokanmi:
Only a kindergarten should read this . If someone had blocked you, the easiest way to know is by the profile picture. The portion will be blank. This every WhatsApp user knows

No!! I used blank pic as profile pics and when u msg me, it won't deliver at ur end bt i will see and read it, i set it that way.

Nbote:
Now am an IT consultant and an Entrepreneur who desperately wants to leave dis country for the same of my children

U mean for d sake of ur children!

lugo99:
I want to F maami igbagbo.

That babe na badest.

Offpoint1:
Have sex with all the single ladies in the world in just one day.

Offpoint ni e looto.

Rule 4: Do spend money or Don't spend money to impress others?

OP!! Pls correct the anomaly with immediate effect.

pocohantas:
Ram as in animal?? The one muslims kill for ileya??!!

No o, the one they use for Asun for Olosho to eat.