₦airaland Forum

Nigerians don't write will. So lawyers make use of next of kin. And when u take that to court of law, u always win.
Tell them in a lay man's language to start writing wills.

When guys will.always use their bro as next of kin.
Because they hate their wives so much, they forgot they have children. How many brothers remember the children?
Wives take them to court with marriage certificate, child birth certificate and other documents and they always win. At least, Nigerian civil service do well in this regard.
If his office start doing ojolo, u sue them and again, the wife always win especially if she has a biological child for the deceased.
Women know your rights

Very educative piece!!! .twale for op.

You said it all
Well-done

Very educative article.

I have learnt something new today on nairaland.

Nice topic. As for banks, they once told me na person dey hold death certificate dem go reason with o. I no fit shout.

sassysure:
Nigerians don't write will. So lawyers make use of next of kin. And when u take that to court of law, u always win.
Tell them in a lay man's language to start writing wills.

When guys will.always use their bro as next of kin.
Because they hate their wives so much, they forgot they have children. How many brothers remember the children?
Wives take them to court with marriage certificate, child birth certificate and other documents and they always win. At least, Nigerian civil service do well in this regard.
If his office start doing ojolo, u sue them and again, the wife always win especially if she has a biological child for the deceased.
Women know your rights

Next of kin should be the first son and not brother....
The wife is supposed to take care of the child in order for him to use any property willed to him wisely,
But if the man does not have a male child..then...the first daughter is to be his next of kin.....finally if he does not have child at all depending on how his wife is,and how she supported him in acquiring whatever he wants to will...then...he can make her his next of kin.

Highly informative...we encourage more of these

No more Tacha bikonu

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

My question is, is it proper for a woman to make her son next of kind when the husband is still alive?
In the case of where a man died without children, and he used his wife as next of kind, who will inherit his properties?

NwsBoy:
Next of kin should be the first son and not brother....
The wife is supposed to take care of the child in order for him to use any property willed to him wisely,
But if the man does not have a male child..then...the first daughter is to be his next of kin.....finally if he does not have child at all depending on how his wife is,and how she supported him in acquiring whatever he wants to will...then...he can make her his next of kin.

I'm sure u don't live in Nigeria
They use their brothers, fathers. Wife will be begging for what is rightfully hers and that of her kids fro those wicked brothers. What has naija men not subjected naija women to?
Some will kill your husband, forcefully take over everything and want to sleep with you too.

Ever wonder why Nigeria is the way it is?
Simple administration, politics, they can't get right too.

kanayo76:
My question is, is it proper for a woman to make her son next of kind when the husband is still alive?
In the case of where a man died without children, and he used his wife as next of kind, who will inherit his properties?

The second name u filled.

sassysure:
I'm sure u don't live in Nigeria
They use their brothers, fathers. Wife will be begging for what is rightfully hers and that of her kids fro those wicked brothers. What has naija men not subjected naija women to?
Some will kill your husband, forcefully take over everything and want to sleep with you too.

Ever wonder why Nigeria is the way it is?
Simple administration, politics, they can't get right too.

You watch too much nollywood! Nigerians are NOT evil people!

OkunrinMeta:
You watch too much nollywood! Nigerians are NOT evil people!

Then why are we not developing and one of the most corrupt people on earth.
By the way, if not for nairaland, I wouldn't have known most of our celebrities.
Let's accept the fact that we are inherently wicked and self centred.
Forget religion. It even make it worst cos their is religious intolerance everywhere.

emonis88:
Are u a lawyer? Got a question for you.

No. He's a mechanic. Your instinct supposed to tell you that it take a brilliant lawyer to script this legal ideas

OkunrinMeta:
You watch too much nollywood! Nigerians are NOT evil people!

. Continue living in Disney land,,

No be for naija senior brother go send money from Yankee to junior to build house,junior brother go chop money finish go snap pix from uncompleted buildings send give em broda

Mokason28:
My next of kin saw my account balance yesterday and the Idiot said I should remove his name from that nansense

This is so hilarious .

sassysure:
I'm sure u don't live in Nigeria
They use their brothers, fathers. Wife will be begging for what is rightfully hers and that of her kids fro those wicked brothers. What has naija men not subjected naija women to?
Some will kill your husband, forcefully take over everything and want to sleep with you too.

Ever wonder why Nigeria is the way it is?
Simple administration, politics, they can't get right too.

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).

bonnyhope:
If this is the case, why banks insist on next of kin when filling a form?

It works in bank sector after bank it useless.
Example, you give someone a cheque with his name writing on it, you have order the bank to pay him or her, after that payment he can't go back again to withdraw your money without your consent.

sassysure:

Then why are we not developing and one of the most corrupt people on earth.
By the way, if not for nairaland, I wouldn't have known most of our celebrities.
Let's accept the fact that we are inherently wicked and self centred.
Forget religion. It even make it worst cos their is religious intolerance everywhere.

I am not wicked and I would never take my brothers properties from his family members! And I am not special either, there are millions of Nigerians better than me.

Let's stop talking about ourselves as if we are animals. We are not! Foreigners highlight the bad eggs because we do that to ourselves as well. There are millions of Nigerians doing the right thing everyday. Watch out for that and highlight it instead.

You ask why Nigeria is getting worse? It's not because we are all bad! It's because the tens of millions of good people stay silent, and we don't protest because we stay divided due to serious mutual distrust of each other along religious and ethnic lines! The same distrust that you are exhibiting right now!

So how will one prove that he's the child or are children of the deceased? Probate letter? If so how does the court verify such

drmikeadams:
. Continue living in Disney land,,

No be for naija senior brother go send money from Yankee to junior to build house,junior brother go chop money finish go snap pix from uncompleted buildings send give em broda

Again, nollywood story line. All the people I have seen from personal experience who sent money home were not duped. I am not saying it does not happen but if you check the percentage, over the millions of people that were not duped, you will see that it's not as rampant as nollywood has made non-thinkers believe.

Thanks for this @johnaruson.

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/

. Will is a statement of how property is to be shared.Possession of some property after a persons death is determined by regulation guiding the property...If for example if a person name is written in a bank document or pension document as the next of kin the money will be given to the person . not all wives and children.The recipient will share the property accordingly.... Additionally if a deceased has a land property and he has no will at death the content of the land document will determine how to share the piece of land.

igbodefendercom:
This is quality content.

exactly.this is the kinds of thread that should be in front page not tonto dike and bobrisky bs

doggedfighter:
This is so hilarious .

Thanks dearie

sassysure:
Nigerians don't write will. So lawyers make use of next of kin. And when u take that to court of law, u always win.
Tell them in a lay man's language to start writing wills.

When guys will.always use their bro as next of kin.
Because they hate their wives so much, they forgot they have children. How many brothers remember the children?
Wives take them to court with marriage certificate, child birth certificate and other documents and they always win. At least, Nigerian civil service do well in this regard.
If his office start doing ojolo, u sue them and again, the wife always win especially if she has a biological child for the deceased.
Women know your rights

what if she doesnt have a child, legally married but no will wen he died?

This is very illuminating.

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).

I get emotional over this because when I served in one govt paraststal so, I was in a dept that suits like this happen every day. My òga trusted me to go through all the employers files to check out next of kin, contact them and educate them on the need to use their children if they don't want their wives to be next of kin. Bros, more than 80% of the guys disappointed me. Women were using husband. Northerners where worst. U hate the first wife and marry another, use the child of the second wife.
What about the children of the first wife?.
And by law, first wife is always contacted unless divorced.
Court recognises her ore than the rest.
I was just venting out my frustration on this matter.
Infact, they constantly took us to court and win that a circular was sent out that everybody should go and amend their next of kin.
It was that bad.
One man said he will not put any body's name

skyhighweb:
what if she doesnt have a child, legally married but no will wen he died?

When u write next of kin, it goes from 1 to 4 in order of importance. If there is no child, check number 2, if there is no number two, continue till u reach the last number.

Have forgotten but I think it's up to 5 characters.

I'm not a lawyer o.

Just what I dealt with working in admin dept of one of the parastatals so my knowledge is limited to govt org only.

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/

But pfa has been requesting from employer who the next of kin is and making payments to same since inception of contributory pension.. Even employer has been paying to nok before 2004 when contributory pension started.