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 the status of next-of-kin gives an exclusive right over a person’s property.
The above erroneous belief and understanding of the term next-of-kin have 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 are usually filled while on transit, requires the information of next-of-kin. This is needed in case of an 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 the appointment of a next-of-kin is not a substitute for the making of a valid WILL. The reason is that, 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 (having a valid will) is distributed strictly according to his Will. Thus, his next-of-kin will only be entitled 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 such person. 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 as 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.
A next-of-kin, who is usually a blood relative, though not always, have 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 recognized as an heir under the Nigerian law of succession.
Therefore, next of kin, stricto sensus, does not by any stretch of the 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
Written by B. C. Igwe ESQ.
