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NEXT OF KIN IN NIGERIA; SEE WHAT THE THE WIDOWS AND THE GIRL CHILD MUST KNOW ABOUT IT

NEXT OF KIN IN NIGERIA; SEE WHAT THE THE WIDOWS AND THE GIRL CHILD MUST KNOW ABOUT IT

Next of Kin in Nigeria is a topic Respect the woman Initiatives (RTWI) has taken a keen interest in.

Many has misunderstood this which made them to apply this out of contest always.

Many don’t even know what it is. This has them to loose out completely from its benefits.

A definition of Next of Kin in Nigeria will be important at this time.

This takes us to the question what does Next of Kin mean legally?

Next of Kin in Nigeria

 

What does Next of Kin mean legally?

By Definition, Next of Kin in Nigeria is the person to contact in case a person suffers ‘misfortune.

He is believed by law to be the custodian of the deceased unknown mindset which represents the deceased person’s will.

He is NOT by any law the person automatically entitled to the inheritance of the estate of a deceased person.

Please see more on the inheritance capacity of the Next of Kin below.

 

Next of Kin in Nigeria

 

Is Next of Kin Same as the Beneficiary?

The answer to the question is Next of Kin same as the Beneficiary? is not certainly yes or no.

It is a conditional response depending on the declaration of the nominee.

Tactically Next of Kin in Nigeria is NOT by any law the person automatically entitled to the inheritance of the estate of a deceased person.

That is not to say that a next of kin in Nigeria cannot inherit, benefit or be entitled to the estate of a deceased person if they have the requisite instrument behind them.

Next of kin in Nigeria can inherit, benefit or be entitled from the estate of a deceased person in the following ways:

  • if by a Will (where the deceased died testate) granted probate and the next of kin in Nigeria is named as beneficiary
  • If the Next of Kin in Nigeria is empowered by a grant of Letters of Administration by the appropriate High Court Probate Registry (where the customer died intestate)
  • If the Next of Kin obtains an Order of a court of competent jurisdiction to their benefit.

Next of Kin in Nigeria

If a man maintained Mr. Gbenga as next of kin in his account before his demise, it does this mean that he automatically should inherit the man’s wealth.

 

Does Next of Kin inherit everything?

The answer to the question Does Next of Kin inherit everything? is not certain too.

It is a conditional response depending on the declaration of the nominee.

Tactically Next of Kin in Nigeria is NOT by any law the person automatically entitled to the inheritance of the estate of a deceased person.

That is not to say that a next of kin in Nigeria cannot inherit, benefit or be entitled to the estate of a deceased person if they have the requisite instrument behind them.

Next of kin in Nigeria can inherit, benefit or be entitled from the estate of a deceased person in the following ways:

  1. If by a Will (where the deceased died testate) granted probate and the next of kin in Nigeria is named as beneficiary
  2. If the Next of Kin in Nigeria is empowered by a grant of Letters of Administration by the appropriate High Court Probate Registry (where the customer died intestate)
  3. If the Next of Kin obtains an Order of a court of competent jurisdiction to their benefit.

You may like to read: Probate laws in Nigeria

It can only be possible with reference to the above three provisions or either two or one of the above.

This equally addressed these frequently asked questions (FAQs)

  • What does Next of Kin mean legally?
  • Who is legally classed as a Next of Kin?
  • Is Next of Kin Same as the Beneficiary?
  • Who is the Next of Kin when someone dies?
  • How is the Next of Kin Determined?
  • Does Next of Kin Inherit everything?

 Next of Kin in Nigeria versus Banks in Nigeria;  the Polaris Bank Limited approach:

There are over 20 Bank in Nigeria but their approach to issues of Next of Kin in Nigeria differs.

The Probate Laws of Nigeria has its own specific provisions which must be followed but these Banks often go the extra mile.

By going the extra mile, we mean that they cut off a lot of processes demanded by the probate laws of Nigeria.

They do this just to show empathy to the plight of such customers of their banks.

Polaris Bank Limited is a sure example of such Banks in Nigeria and RTWI wishes to commend them for that.

When a customer of Polaris Bank Limited dies Intestate, the Bank has a policy that sees to it.

The funds in the account of deceased customer, less than N100,000.00, may be released to the next of kin on the Bank’s record.

It is the Bank’s policy and NOT the law.

The Bank maintains this particular policy so as not to make the family of the deceased customer go through further rigour.

This rigour includes the procurement of Letters of Administration or any other probate documents because of an amount less than N100,000.00

This is because the full implementation of the Probate laws may sometimes cost them much more than the balance in the account.

Who is legally classed as a Next of Kin?

The answer to the question who is legally classed as a Next of Kin? is the person or persons nominated in writing to serve the purpose of Next of Kin by the Nominee.

A Next of Kin in Nigeria is nominated by the person(s) concerned as they choose.

The nominee can nominate as follows:

  1. The living Spouse (wife/husband)
  2. The Children (Daughters/Sons)
  3. The Brothers
  4. The sisters
  5. Friends

A person may nominate different persons as their next of kin in Nigeria on different fronts.

For example, I may maintain Lawrence, my brother, as my next of kin in Bank X;

I may maintain also Harry, my son, as my next of kin in my business relationship with my business partners and Cynthia, My wife, in all of my other affairs.

In addition; please note that where there is a Letters of Administration or other probate documents on the account where usually person(s) other than the next of kin are appointed to administer the estate of the deceased customer or be the beneficiaries, the LA or other probate documents shall prevail.

 

 

Who is the Next of Kin when somebody dies?

The answer to the question who is the next of kin when somebody dies? is still the person or persons nominated in writing to serve the purpose of Next of Kin by the Nominee.

A Next of Kin in Nigeria is nominated by the person(s) concerned as they choose.

The nominee can nominate as follows:

  1. The living Spouse (wife/husband)
  2. The Children (Daughters/Sons)
  3. The Brothers
  4. The sisters
  5. Friends

 

How is the Next of Kin Determined?

The answer to the question How is the Next of Kin Determined? is that it is based solely on the choice, conviction and the disposition of the Nominee.

He may choose based on love, based on vengeance and retribution, based on piety and based on family legacy.

Legal advise is not a must on How is the Next of Kin Determined? but with experiences in present time, it is seriously advised.

NEXT OF KIN IN NIGERIA; SEE WHAT THE WIDOWS AND THE GIRL CHILD MUST KNOW ABOUT IT

From the above explanations, the various plights of Widows and the Girl Child can be avoided if we do the right thing from the beginning.

The questions we have to ask our conscience are:

  • What value do we give to our family and what do they mean to us?
  • What is the limit to the rights our Girl Child must enjoy in our estate?
  • What are the no go areas we have placed in our endeavors against our spouses?
  • What are the secrets we keep to our living spouses on our estates?

Remember that when the details of someone’s estates / inheritance are not well known to his family, friends and well wisher, such estate may be lost forever.

When someone dies without balancing the issues of Next of Kin in Nigeria, it may divide the family across the Gender after such person’s demise.

When a man neglects the wife, the sons and the daughters as Nest of Kin in Nigeria, He may put them to unknown family misery after his demise.

Next of Kin in Nigeria does not understand the language of Gender but it sure understands the language of inclusion of a reasonable person.

Let’s say no to our widows suffering after the demise of their husbands because their husbands considered them as a misfit for Next of Kin in Nigeria.

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