Tag: Access to Justice

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The Term “Next Of Kin” Simpliciter, Does Not Confer The Right Of Inheritnce On The Person So Named: 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 believe 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.

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HRCRC Marks 2019 International Human Rights Day

With the teeming youth population of Nigeria today, the international theme of this year's Human Rights Day - Youths Stand Up for Human Rights - couldn't be more apt and explicit. 
In culmination of the week-long activities to mark the day, HRCRC in collaboration with National Human Rights Commission Abakaliki and other CSOs embarked on a Roadwork in Abakaliki metropolis...
On the Road

The struggle continues until Nigeria, Africa and indeed our world becomes a haven of Human Rights, and the Rule of Law.

YOUTHS, LETS STAND FOR HUMAN RIGHTS THIS YEAR AS APPARENTLY, IT WILL NOT BE HANDED TO US SITTING…

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HRCRC organizes Human Rights Training for Police Officers in Ebonyi State Command

The very Successful and interactive training touched on the Police Act vs the Nigerian Constitution, The instruments of Human Rights and the ACJA especially in light of the just domesticated ACJL in Ebonyi state. Together we will make Human Rights a reality in the land

In collaboration with Youths for Human Rights International and National Human Rights Commission, HRCRC organized a One Day Training on Human Rights for Police Officers of Ebony State Command.

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HRCRC Facilitates the Release of over 20 inmates of Abakaliki and Afikpo Prisons in Goal Delivery by CJ of Ebonyi State

Every person charged for committing an offence is entitled to be arraigned and tried before a competent court of law within 48 hours. However, certain alleged offenders have been remanded in prison for over two years without trial.

The Chief judge in his magnanimity, backed up by statutory provisions, discharged alleged offenders awaiting trial in a goal delivery exercise. Over 50 persons awaiting trial were discharged

HRCRC is happy to be part of this exercised, facilitating the release of a number of alleged offenders, spare headed by the lawyers in the department of Access to Justice.

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HRCRC Co-Convenes National Day of Mourning in Abakaliki

28th of May, 2019 was set aside to mark National Day of Mourning in Nigeria. A day set aside to honour victims of the killings, banditry and drew government’s attention to the spate of Human Rights abuses in the country.

The Right to life is the Fundamental Human Right on which every other right hinges. This Fundamental Fundamental Human Right is now so abused and it is now a testament to the gross disrespect for all individual rights in Nigeria.

While it is a national event, in Ebonyi State, it was Co-convened by HRCRC, NEW foundation and DIG foundation. It was commemorated with a series of solemn events and activities with included a radio program on Unity FM 101.5, a solemn match around Abakaliki metropolis; and a minute silence and prayer for all the departed at 12:00pm on that day.