₦airaland Forum

MrMcJay:
As a lawyer, if you advise a client to consider writing his Will, such client would NEVER call you again.

doggedfighter:
This is so hilarious .

pocohantas:
NOK is basically a contact person, way different from the beneficiary;

1. Should you decide to slump inside the bank.

2. You commit fraud and go incommunicado.

3. For whatever reason you need to be reached to correct an anomaly or relay a message.

Etc

drmikeadams:
Well my own cousin do am to em own brother

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).

ejimatic:
. Good contribution sir! A man had four wives .He was a police officer.After his death all his wives started heated argument and fight because of his pension and money he had in bank. His lawyers informed them none of their names was used as the next of kin so they could not legally collect the money.Surprisingly the man used one of his daughters who was organisational and caring.She was outside the country then.She came back yo Nigeria to collect the pension and money in the bank. In some situations some agencies and parastatalls and companies have even columns for Next of kin and who to contact in case of death and accident to emphasise the relevance of next of kin. Additionally a will must be respected.If the will says the property including money must be given to Mr A while the next of kin is Mr C, Mr C will collect the property including the money and give it to Mr A as contained in the deceased will.If this is not done accordingly legal action will take place against the custodian of the deceased property including money.

Hermionegranger:
The Administration of Estates Law of the state where the deceased lived will apply. If the Pension and gratuity were paid into an account opened by the deceased for that purpose before he died, the bank will not allow the son to touch the money until he gets the Letters of Administration. He should go to the probate registry to get letters of administration; when he does, the bank will open a new account called an estate account and pay the money into it.

pacespot:
Thank you for this insight too sir! In this particular instance I asked the question of, there was no wife with the deceased when he was alive, all the wives have departed to marry another men at least 10 years prior to the death of the deceased. And this deceased person died intestate. The next-of-kin (son) processed the estate of his father like the pension and gratuity who died in active service.

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

MrMcJay:
As a lawyer, if you advise a client to consider writing his Will, such client would NEVER call you again.

Gforce2015:
No. He's a mechanic. Your instinct supposed to tell you that it take a brilliant lawyer to script this legal ideas

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/

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/

luckyedgal1:
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

sassysure:
Forget that. These are well educated men.
Don't know why we got it all wrong.
This is the same women they kiss and make love to everyday yet hate to put thier names as next of kin.
Why is it so.
All the women used their husbands not children's name. Not even one.
I mean, we were visibly shocked

funkyjms:
I'm curious. What are the reasons? Legal fee or what?

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

StacyO:
This is funny.....

MrMcJay:
Nigerians have a morbid fear of Wills. If you tell them to write one, they feel you wish them dead.

sharone21:
Any man dat has impregnated another woman nd has a child out of his marriage, d man must write a will also in favour of dat child of his. If even he hides it from d wife inside, d family will fight for d child outside nd dats our culture... Dats why its good to know God nd fear him because of nemesis dat will catch up with him or kids left behind
My mum answered this question...she is not a lawyer but has many times seen cases like this....
To me: Unless the child outside still cares, if I am the Mama, I will work hard such that the child won't need the property of a man that didn't deem it fit to marry the mum and put him IN a family.

petitejolie:
This one is not nollywood matter. I have seen it live and direct . Some that acted as good people wen the man was alive turned devils over night cos of property