WHAT THE LAW SAYS ABOUT NEXT OF KIN

By Babatunde Olubisose

In Nigeria, the term “next of kin” is often misunderstood. Many assume it automatically grants inheritance rights, but under Nigerian law, it primarily refers to the person designated to be contacted in case of an emergency or legal matter.

Definition and Legal Standing

There is no specific law in Nigeria that comprehensively defines “next of kin.” However, its meaning is drawn from various legal contexts, including estate administration, banking, and employment. The next of kin is the person recognized as the closest relative or the one designated by an individual for certain responsibilities.

Rights and Limitations

Being named as a next of kin does not automatically confer property or inheritance rights. If someone dies without a will (intestate), inheritance is governed by the applicable law, which may be:

1. The Administration of Estates Laws (applicable in states following English common law)

2. Customary Law (for indigenous Nigerians who follow traditional inheritance practices)

3. Islamic Law (for Muslims, based on Sharia law)

In estate matters, next of kin status may give the person the right to apply as an administrator of the deceased’s estate, but it does not guarantee inheritance rights unless specified in a will.

Banking and Employment Contexts

Banking: Many banks in Nigeria require a next of kin for account holders, but this does not mean the next of kin can automatically claim the deceased’s funds. Instead, the estate must go through probate or letters of administration.

Employment: In workplaces, an employee’s next of kin may be entitled to benefits like pension or gratuity, depending on the organization’s policy.

Conclusion

While next of kin status is important for legal and administrative purposes, it does not automatically confer inheritance rights. To ensure proper inheritance, it is advisable to make a will or legally designate beneficiaries through other legal means.