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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