Recently, I have come across various skit makers with contents portraying the nature of Next-of-Kin. Particularly, the comedy skit of Kalistus(https://youtube.com/shorts/nH3WnXP0UZo?si=kfR154ecoaMtRABv) wherein it suggested that being a Next-of-Kin conveys inheritance right on the person so designated. As much as it is a comedy skit, it is also a fact that many persons live under this same illusion that once they have been designated as next-of-kin, they are entitled to the estate of the person who designated them at their demise. Hence, the need to bring to bare the legal import of next-of-kin in our country, Nigeria.
It is instructive to state from the outset that the appellation of a next-of-kin does not and cannot on its own automatically convey on such a person the inheritance right over the estate of another. Thus, it is erroneous for one to think that he/she would be a beneficiary of ones estate merely because he/she was designated as a next-of-kin. In Nigeria, for one to be a beneficiary of the estate of a deceased person, such a person must have been so named in a Will where the deceased died testate. In situations where the deceased died intestate, the Administration of Estate Laws of the various states govern the distribution of the estate of the deceased.
Howbeit, the term “next-of-kin” basically means the closest living relative of another and its legal significance can be found in the following situations:
Emergencies: where there is an emergency, the next-of-kin becomes the first point of contact as organizations, institutions or authorities would contact to inform about the situation or seek information about the individual involved.
Financial Matters and Bank Accounts: It is commonly accepted that the person listed as the next-of-kin on investment or bank account paperwork will be contacted in the event of the account holder’s disability or passing. The designation of the specified person as the next-of-kin might make it easier to release assets for resolving financial concerns, such as paying off outstanding debts or distributing money to recipients.
Medical Decisions: When a patient is unable to make their own medical decisions, the next-of-kin may be contacted. However, legal representatives or guardians chosen through formal legal procedures frequently have the final say when it comes to making medical decisions.
Legal Documentation and Representation: When there is no other official instrument, such as a power of attorney or guardianship appointment, naming who should act on behalf of an incapable or deceased individual, a next of kin designation may be taken into consideration.
Custody and Guardianship: In situations involving minors, the phrase “next-of-kin” may be used to describe the person in-charge of the child’s care and custody in the event that their parents become incapable or pass away. To establish legal custody, however, formal guardianship processes are frequently necessary.
Finally, it’s critical to realize that even though the designation of the next-of-kin may be significant, it does not take the place of the requirement for appropriate legal documents. If you desire to guarantee that your preferences are respected and carried out by the law, it is strongly advised that you speak with a legal practitioner in order to receive personalized legal advice.
J. E. HILARY, ESQ. is a Property and Family Law Expert. He is currently based in Uyo, Akwa-Ibom State.
hilaryjoehills@gmail.com
08036670671