*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.

Lalasticlala, pls help to Front page.

Confusion

The inheritance of the persons possessions is still part of it even though it's not the totality of it.

Of course we know it means the person to call in case of any emergency but we can't rule out the aspect of inheritance.

Succession in what if I may ask? Is it not the same thing you're trying to debunk you went back to?.

Too much grammar but I got the points Sha...

тнeιr proвleмѕ noт мιne
poor people wιтн тнeιr proвleмѕ
нave yoυ cнecĸed dangoтe, adeleĸe, or oтedola neхт oғ ĸιn❓❓❓

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

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.

Shinexprints:



NO! The more reason you need to read the content

Help me break down the bolded pls

You are my next of kin @op

Following

What of in a case where there is no will?

I just hope we would learn to work hard and make our own money instead of fighting for family inheritance.

...G is missing

So what are banks using next of kin for?

People where get inheritance na go bother about next of.kin

So that means next of kins is not as relevant as it is being portrayed

Damnnn niggarrrr
Isoright

The person that will inherit your property when you kpai

Oga OP no vex but they r all the same thing... In d case of an accident u r expected to pen down a person who should b responsible in cases of an accident.

But it can also mean d person u entrust ur estate too....that is y husbands and wife's mostly put there children....as they r expected to carry on d families name.

But its a nice fact to point out that when on transit u put d name of a person who could b called upon in case of eventualities.

That's y til date my bank acct although d money no much but I would like my kid sis to inherit them ....I just our last born so much.

But when I have children of my own it will change

someone you can entrust your possessions to?

The writer despite making clear what next of kin is not, he failed to elaborate on what next of kin is, the task he/she performs and the information they are privy to, the privileges and undue opportunities that can be accrued to them

Ok

All this your Grammer is too much..


Dear Nairalanders, all you need to understand is that Next of Kin is different from Beneficiary

Been a next of kin to your father, wife or husband does not qualify you to inherit any property.

HONESTFACT101:
op what are you saying......signing out

Preaching about next of KIN

The future is FEMALE

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..........