THE LIFE, DEATH, AND RESURRECTION OF "NEXT OF KIN" - Q. T ODEWALE

 INTRODUCTION:

The phrase "Next of Kin" lives not only on the hearts of literates but also the unlettered, and both have virtually same understanding of it. It's loosely construed to mean "that persons who will take the control of anything you indented them in as your Next of Kin at death " i. e succession, but does this societal meaning replicate its lawful, syntactic and etymological meaning? In other words, does it mean that the bearer of  NEXT OF KIN will inherit his Principal at death? 

What's the benefit of the title to the bearer? What's the effect of the title anywhere?

  If the above loose definition is defective, then what's the meaning of Next Of Kin?

 The Court in JOSEPH V. FAJEMILEHIN O.O & ANOR ( 2012) LPEL- 9849(CA), has defined it to mean the nearest blood relative of a person. Explicitly in legal sense, it's a person who has been chosen by another person to provide necessary information about him in his absence or at presence when he cannot do so, due to some situations amounting from illness, insanity, etc. I.E persons to be contacted in emergency cases for his appointed.

 As postulated above, many of us believe that Next Of Kin inherits his principal but we do not reason its relativity as to the hospital, flight and motor parks requests on board where no propriety interest is in protection. If we did, we would know long before that our conception of it might be wrong.

 Our surf of Nigerian law will definitely answer some of the questions that surfaced above. What has actually shaped the belief that Next of Kin inherits his principal is its popularity in financial institutions such as banks, insurance, employment, etc. 

  Having spied into its usage, the perusal of Nigerian Law will be our arbiter to actually decide whether the 'Next Of Kin' will or not inherit his principal. There we go!

   Under Nigerian Law, inheritance of the deceased estate is determined by his status at death: whether he has prepared Will or he has not prepared Will i.e testate and intestate state of deceased.  Where a deceased has prepared Will to the distribution of his estate, he is said to die testate and where he did not prepare Will, he is said to die intestate. 

 NEXT OF KIN AND HIS TESTATE PRINCIPAL

  If the Principal that appointed him dies and leaves Will behind, Next Of Kin will not be an automatic beneficiary because of his status to the former. This is because, a valid Will, has contained those who will take as beneficiaries from the deceased, and Next of Kin is of no relevance. In other words, the estate of a deceased person who dies testate is distributed strictly according to the Will.

 However, if fortunately, the name of the Next of Kin is signified by the deceased as or among the beneficiaries, he will inherit as such.

 NEXT OF KIN AND HIS INTESTATE PRINCIPAL

On the other side, should a deceased Principal die intestate (i.e without making a valid Will), of what position is the Next Of Kin? Is the Next Of Kin taking all or part of the estate by his title?

 Under the Nigerian Legal System, the question of such a situation has been taken care of by the law, where the cause of law will govern the distribution of the estate left behind by an unwilled deceased Principal.  The question of law that will apply will be determined by the kind of the deceased marriage at death, whether it is customary marriage or Islamic marriage, or Court Marriage. Where the deceased contracted customary marriage, rules of customary law will govern the distribution of his estate, These kinds of rules provide for "Ori Ojori or Idi Igi" in Yoruba Custom. In a situation whereby the deceased Marriage was contracted under Islamic law, the distribution of his estate will be governed by Islamic Law and the provision of Quran and Sunnah of Prophet  Muhammed (PBUH) will be employed. 

And Finally, where the deceased contracted his marriage in court or a licensed church for statutory marriage, his estate will be distributed under the Administration of Estate Law or English Law. This was practically put in motion in the case of OBUZEZ V OBUZEZ (2007) 10 NWLR (Pt.1043) 430. 

 By our expositions above, it is crystal clear that the title 'Next Of Kin' will not vend his bearer an automatic right to inherit his deceased principal unless and until the rules or laws that prevail privilege him. 

  Without mincing words, the title "Next Of Kin" as far as Inheritance is concerned, is a title without legal benefit, and the bearer is not to be compensated for, in any rule of inheritance as the law guiding same must be followed sensu stricto. 

However, without prejudice, he will be entitled to inherit as a neutral man like other heirs where; he is the son of the deceased under Islamic or customary law or English law, and he is named in a valid Will made by the deceased.

 It is pertinent to state that named Next Of Kin of the deceased will be beneficial in obtaining a letter of Administration from the probate as to the distribution of the estate of his principal. And he will be needed for the provision of some vital information relating to banks or any other thing that requires next of kin at the death of his Principal. 

CONCLUSION

Next of Kin as indicated above, is a title that does not profit his bearer at any stage of his life. It's usually spouse or child and is not recognized as heir under the Nigerian law of succession and should not be conceived as a method of naming one's heir, and cannot entitle him to propriety benefit thereto.

It is humbly submitted that the title; 'Next of Kin' has no legal implication when it comes to inheritance. Any purported parade of such is unlawful and alien to our law.

  Hence, it is advisable that any person who wishes to benefit his Next of kin can do so via Will or by conveying him inter vivos i.e while he  is alive.

     Q.T Odewale Mr.                                 

   Odewale4boom@gmail.com 

Final year law student, Ahmadu Bello University, Zaria.