WHAT THE LAW SAYS ABOUT NEXT-OF-KIN IN NIGERIA.

One Major thing that even though is bound to happen yet we don’t like talking about in this part of the world is death.

… The Bible says that it is appointed unto a Man to die.

What however that should be more of Interest to us is: What happens to the Estate of the Deceased upon transition to another realms beyond?

Has the issue of nominating a Next-of-Kin adequately solve all those issues?

We are poised by this to take out time to study what the Next-of-Kin stands for in the Position of Law and will like to share same with us.

… Happy Expository on the Revelations:

Are you among those who thinks that by giving a name to a 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 that 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 (2) factors:

1. Whether the deceased has a Will (a document written by a deceased when he was alive that prescribes how his/her Property is to be shared when he/she dies).
2. Whether the deceased dies without a Will.
3. In Law, when a person dies leaving behind a Will, he is said to have died Testate.

In such a circumstance, the 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.

1. The Position of the Law is still the same even where the deceased died without leaving a Will shockingly.

The Position of the Law is that when a Person dies without a Will, the question as to who to inherit his wealth is determined by the Law itself. That is to say, the determination of the Beneficial of the Estate is determined by any of the following: Customary Law, Islamic Law, English Law or the Administration of Estates Law (or its equivalent Legislation).

Not necessarily the Person 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 the equivalent Legislation) – all depending on the jurisdiction.

CASE STUDY: 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.

CASE STUDY: See Kekereogun & Ors v. Oshodi (1971) LPELR-1686(SC)

This is 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 is to inherit the deceased estate.

Therefore, under the Nigerian Law of Intestate Succession, one cannot choose his/her 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.

SUMMARY OF THE SUBJECT MATTER

In view of the foregoing, a Next-of-Kin may not necessarily benefit from the property or asset of the Deceased.

What however the Selection of the Next-of-Kin stands for among many other things includes the following:

1. Next-of-Kin is merely the first contact point if anything happens to you.
2. 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.
3. He is someone empowered to provide necessary information about you where needed such as confirming your identity.
4. He is also someone positioned to make Medical Decisions such as providing consent for a medical procedure.
5. 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.

It is therefore important that we established that the typical Nigerian’s Conception of the term, “Next-of-Kin” is therefore erroneous.

The Conclusion of the matter therefore is that a Next-of-Kin can inherit the Estate of the Deceased only if he/she is Named in a Will as a beneficiary or by his status he/she 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.

SPECIAL APPRECIATION TO: Barrister Oladipupo Bodunrin for his great contributions on the Subject Matter.

MOSES DURODOLA
CONVENER, DISCOVERY MEDIA CREW