A lot of people takes the title of NEXT OF KIN (N.O.K) more important when it comes to family inheritance and dependents of a deceased amongst other things. What if I tell you now that your most revered title of NOK entitles you to almost nothing in the case of the demise of a deceased who died intestate and Administrators have been appointed to oversee his properties or a deceased who died testate meaning he prepared his will before his demise.

It is important to note that the title of a NOK is not totally obsolete as it may sound, but it is important that the general public is educated about very salient legal issues that comes up in our everyday living.

It will be dangerous to leave the general public to be at the mercies of Nollywood and other entertainment platforms who make movies and representation about these subjects without knowing their legal implications.

In this write-up we are going to highlight and educate our readers on the powers of a Next of Kin (N.O.K) and most importantly, whether or not they can claim to be beneficiaries in the estate of a deceased.

WHO IS A NEXT OF KIN?A kin is a member of the family who is related by blood, A Next of Kin (NOK) is an individual who is the closest living relative of a person, as determined by applicable laws and regulations, typically in the following order of priority: spouse, children, parents, siblings, grandparents, aunts or uncles, cousins, and other relatives such as great-aunts, great-uncles, or great-grandparents, who may be required to make decisions or take actions on behalf of the person in situations where the person cannot make any decision for his/herself, medical emergencies, or insurance claims.

The list of persons eligible to be named as next of kin (NOK) is not written on stone, any of these persons could be named NOK in no order of ranking. A NOK does the following:

A. Where a person is incapable of making any decision in a medical emergency the NOK steps in to make such decisions.Where a person is deceased, the arrangement for his burial is done by his NOK.

B. Where a deceased is in debt his next of kin is expected to offset all his debt and liabilities, in the event that the deceased does not have money the next of kin uses his money to pay this money.

C. Taking total care of the person in the event that the person cannot care for himself inter alia.

CAN A NEXT OF KIN INHERIT PROPERTY?

The answer is YES. Where a person dies intestate (meaning they died without a will) or distributed their property inter vivos (while they were alive) or they died testate (meaning they made a will before they died) Executors could be named in the will and Administrators may be appointed to manage their affairs and properties.

In either case, the next of kin is eligible to be appointed as an Executor or Administrator of the deceased person’s property, enabling them to benefit from it. However, it is also possible that the next of kin may be denied probate to oversee the deceased person’s property, depending on the circumstances.

WHERE THERE IS A WILL

Where a testator makes a valid will before their death, which makes certain dispositions for their next of kin (NOK), then the NOK, without question, has the right to benefit from the testator’s estate pursuant to the will.

Generally, it is undisputed that a next of kin (NOK) is not disentitled to any gift made in a valid will to them, or from being appointed as an Administrator to oversee the estate of a deceased person who died intestate.

To avoid potential disputes, it is advisable to make a will through a knowledgeable lawyer familiar with wills and codicils. A defective will can lead to unnecessary complications, and a bad will may be deemed equivalent to dying intestate if challenged, resulting in beneficiaries being embroiled in prolonged legal battles.

For instance, the estate of the late Chief FRA Williams, a renowned Nigerian legal luminary, has been in court for decades, with his children still disputing the distribution of his assets.

CONCLUSION

Being a next of kin is not an automatic ticket to owning property or managing the property of anyone or does it give the next of kin the power to direct the affairs of a person after the person dies. Provided the person makes express declaration as to who should oversee his affairs or deal with his property other than the next of kin. The position of a next of kin is important as to helping the deceased make important decisions when he/she lacks the capacity to do so, for instance where the person is in coma.

Legally, make a valid will and appoint executors in your will to carry out the instructions of the will to the letters, or Administrators will be appointed where there is no will and if the next of kin is not named as any of the two above then he lacks the legal power to deal with the property of a deceased.

RINDAP NANJUL DANJUMA ESQ.,

LEGAL PRACTITIONER

[email protected]

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A Next-of-kin May Not be Entitled to Inherit Property in Nigeria – Rindap Nanjul Danjuma Esq.