| Re: The Meaning Of "Next Of Kin" by Lexusgs430: 4:39pm On Jun 02, 2021 |
Femi8586:
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. But on the average, the husbands generally kicks the bucket first..........  |
| Re: The Meaning Of "Next Of Kin" by jimmynauty: 4:50pm On Jun 02, 2021 |
Ok |
| Re: The Meaning Of "Next Of Kin" by bepositive11: 5:00pm On Jun 02, 2021 |
eedimo:
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. Exactly!!! And parents should learn to bring up their kids to be able to take care of themselves without needing any inheritance. 1 Like |
| Re: The Meaning Of "Next Of Kin" by Ashirioluwa: 5:05pm On Jun 02, 2021 |
Too much write up................
Next of kin - is the closest living relatives. Simple as abc.
Anyway thanks for the education |
| Re: The Meaning Of "Next Of Kin" by Trigga001(m): 5:07pm On Jun 02, 2021 |
OP God bless you for this piece |
| Re: The Meaning Of "Next Of Kin" by Femi8586(m): 5:19pm On Jun 02, 2021 |
Lexusgs430:
But on the average, the husbands generally kicks the bucket first..........
Yes it's true. On average. |
| Re: The Meaning Of "Next Of Kin" by Lexusgs430: 5:21pm On Jun 02, 2021 |
Femi8586:
Yes it's true. On average. So I might be kicking my bucket first........ CHAI..... Diaris God O........  |
| Re: The Meaning Of "Next Of Kin" by numericalguy(m): 5:33pm On Jun 02, 2021 |
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 in your warpped thinking, it's perfectly OK for a woman to to that. |
| Re: The Meaning Of "Next Of Kin" by yetunsbay(m): 5:51pm On Jun 02, 2021 |
Administration1:
The person that will inherit your property when you kpai not necessarily in Nigerian law |
| Re: The Meaning Of "Next Of Kin" by Lexusgs430: 6:00pm On Jun 02, 2021 |
numericalguy:
But in your warpped thinking, it's perfectly OK for a woman to to that. At least learn to spell 'warped', correctly....... I know 'toto' dey hungry you...... I don't know any ashawo joints....... I don't blame you, but all the teachers that crossed your unfortunate path........ |
| Re: The Meaning Of "Next Of Kin" by Gjmff: 6:00pm On Jun 02, 2021 |
Next in line |
|
| Re: The Meaning Of "Next Of Kin" by Kingstime87: 6:28pm On Jun 02, 2021 |
Let me hear word pls. We have been hearing this for so many years now. This govt can't be trusted at all. |
| Re: The Meaning Of "Next Of Kin" by Nobody: 6:31pm On Jun 02, 2021 |
CharisEleos:
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?.
Probably in case the deceased person had a large estate including pecuniary assets. They will all be passed to the persons mentioned in the will regardless of who the next of kin is, provided he dies testate(having made a valid will). |
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| Re: The Meaning Of "Next Of Kin" by vanderwaal404(m): 8:20pm On Jun 02, 2021 |
Omo, as I see "introduction" I give up from reading. |
| Re: The Meaning Of "Next Of Kin" by Dtruthspeaker: 10:35pm On Jun 02, 2021 |
robosky02:
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.
Next of Kin is a Type of Will only that the Satans inside Law do not want Lawyers to know so that they never challenge the Lies and Frauds they have created, with which they have created a system in which they can continue to deprive people of their inheritance. It is expressly stated and provided for that A Will can be made in Any Way "As Long As it Clearly Expresses the intention, wish or desire of the maker to transfer his property to Another person, which the receiver of the will Agreed and Undertook to Obey" |
| Re: The Meaning Of "Next Of Kin" by Femi8586(m): 10:38pm On Jun 02, 2021 |
Lexusgs430:
So I might be kicking my bucket first........ CHAI..... Diaris God O........ Lol... Not necessarily. May we live long and in good health sha. |
| Re: The Meaning Of "Next Of Kin" by NairaMaster1(m): 10:45pm On Jun 02, 2021 |
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. God go bless you |
| Re: The Meaning Of "Next Of Kin" by Dtruthspeaker: 11:00pm On Jun 02, 2021 |
robosky02:
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 should! NOK is still a type of Will. |
| Re: The Meaning Of "Next Of Kin" by Dtruthspeaker: 11:06pm On Jun 02, 2021 |
ayourbamie:
Is it not the closest person to you, someone you can entrust your possessions to? It is! But Frauds in law do not want it to be so, so that they can keep peoples monies and lawyers have not properly challenged it and neither do they see that it is Unlawful. |
| Re: The Meaning Of "Next Of Kin" by Nobody: 12:49am On Jun 03, 2021 |
Cut ticket be say na when woman kill her husband only to find out say na the man next sibling be next of kin � |
| Re: The Meaning Of "Next Of Kin" by chinedumoooo: 3:37am On Jun 03, 2021 |
With all this lengthen clarifications, you're just making a vicious cycle. |
| Re: The Meaning Of "Next Of Kin" by DaCharis2016: 4:21am On Jun 03, 2021 |
Na too much I no gree bring this law ooo |
| Re: The Meaning Of "Next Of Kin" by Calitoscassius(m): 8:53am On Jun 03, 2021 |
Total rubbish, so it is okay to burden the next of kin with hospital problems, health problems, accidents and emergencies but when it comes to sharing money or inheritance your wife or children will come out to yarn rubbish and cause trouble..
Ewu gambia!! |
| Re: The Meaning Of "Next Of Kin" by Freeman50(m): 9:34am On Jun 03, 2021 |
Nice concept |
| Re: The Meaning Of "Next Of Kin" by OILOFGLADNESS: 9:48am On Jun 03, 2021 |
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. VERY INTERESTING POST BUT, PLEASE DONT DECIEVE PEOPLE YOUR CLAIM THAT 100% MEN USE THEIR WIVES AS NEXT OF KIN IS FALSE, THOUG IT IS ABSOLUTELY THE RIGHT THING TO DO,,BECUSE NO WOMAN CAN LEAVE HER SEED UN ATTENDED TO EVEN IF SHE REMRRIES AFTER THE SPOUSE DEMISE, BUT MEN , MEN 95% MEN REMARRIES AND FORHGET THEIR CHILDEN IN THE HANDS OF THE NEW WIFE WHO DEFINITELY WILL NEVER TREAT THEM AS THEIR OWN BLOOD SEED!!!! NOTE TODAY THAT MOST FOOLISH MEN NEVER CHANGES NEXT OF KIN TO THEIR WIVES AFTER MARRIAGE< THE REASON A LOT OF SUFFERS IN THE HANDS OF THE MANS SIBLING AFTER DEMISE.... I HAVE A STORY OF HOW A FOOLISH MAN DRAG HIS HISBAND WIFE TO COURT JUST COS HE WAS THE NEXT OF KIN OF THE MAN UNTIL DEMISE< HE WENT BWHIND TO PROCESS TH EBENEFIT OF THE MAN WITHOUT THE WIVES CONSENT OR KNOWLEGDE, BUT UNFORTUNATLEY THE BANK REQUESTED FOR THE WIDOW,s SIGNATURE,, WHEN THE WIDOW REFUSED TO SIGN HE DRAGS HER RO COURT, WHERE FAILED WOEFULLY, ANH HE HAS BECAME BITTERED ABOUT IT TILL DATE AND HIS MENTAL HEALTH IS QUESTIONABLE!!!!! MEN STRUGGLE FOR YOURSELF AND STOP FIGHTING FOR THINGS THAT IS NOT YOURS!!!!!! |
| Re: The Meaning Of "Next Of Kin" by wealthtrak: 6:51am On Jun 19, 2021 |
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. |
