The notion of “next of kin” in Nigeria is often not understood particularly as it pertains to matters of inheritance. Some presume that being listed as person’s next of kin automatically gives them the right to inherit the property of a deceased person. This is not corect because in Nigerian law, the right to inherit a person’s property is governed by statutory law, customary law, and Islamic law, as applicable.
Who is a “Next of Kin”?
This appellation/designation is usually used fpr administratively for documentation, such as filling out official forms, employment records, medical documentation, etc. The next of kin may be contacted in emergencies or other vital decision making. This is so because Next of kin typically refers to a person’s closest living relative. However, the title “Next of Kin” does not automatically confer legal rights to inherit property.
Legal Framework Governing Inheritance in Nigeria
Inheritance in Nigeria is mainly governed as follows:
Customary Law
Nigeria is a multi cultural society. Nigeria is one of the most ethically and culturally diverse countries in the world. Customary law therefore varies signicantly among Nigeria’s many ethnic groups. Inheritance under native law and custom is govern by the individual customs of each ethic group. Customary law often disregards the concept of next of kin unless it aligns with the community’s inheritance norms and practices.
Statutory Law
Under the Administration of Estates Law of the various states in Nigeria, the estate of the deceased is distributed as strictly provided for in the said Law. Such inheritance is usually shared to their (deceased) spouse, children, and where applicable other relatives. Accordingly, a next of kin generally has no legal standing unless such next of kin falls within the recognized category of beneficiaries.
Islamic (Sharia) Law
Islamic law governs inheritance in predominantly Muslim states as specifically provided for in the Quran. The Quran states shares for heirs, including spouses, children, parents, and siblings. A next of kin cannot inherit under Islamic law except such next of kin falls within the category of those entitled to the inheritance.
The Place of a Will
A person (testator) can decide how his estate will be distributed upon his death. When this happens, the persons named as beneficiaries in the will inherit according to the testator’s wishes. A next of kin who is not included in the Will as a beneficiary has no automatic claim to the estate.
Probate and Letters of Administration
Where Executors are named in a Will, they can apply for a grant of probate to administer the estate.
Where there is no Will (Intestacy), close relatives incuding the next of kin can apply for letters of administration. The estate however is distributed according to the law, not personal wishes.
Myth vs. Reality
Myth: “If I’m the next of kin, I inherit everything.”
Reality: Inheritance depends on the law and not on the next of kin designation.
Myth: “Naming someone as next of kin in a workplace form makes them a legal heir.”
Reality: That form serves an administrative purpose but has no legal binding in succession matters.
CASE LAW
It is quite interesting to note that the Supreme Court of Nigeria has adequately addresed this issue of next of kin and their perceived right to inherit property. In the case of IRONBAR v. FEDERAL MORTGAGE FINANCE LTD (2024) LPELR – 62186 (SC), the Supreme Court held as follows:
“It must be noted that the Administration of Estate Law provides for the order of inheritance which must be complied with strictly and a next of kin, is not among the categories of those entitled to inheritance in this instance. The meaning and the legal implication of the term “next of kin” have been constantly misunderstood by the ordinary public. It appears, though erroneously, that many people think that once you are appointed the next of kin of a person, it automatically gives you the right to inherit the person’s estate upon his demise. In fact, many people think that a next of kin gives an exclusive right over a deceased’s property. The above erroneous belief and lack of understanding of the term “next of Kin” has made many people to shy away from the need to make a Will. This is because, they think appointing a Next of Kin, is a way of naming their beneficiary. However, the above assumption is not in conformity with the law. In other words, succession is regulated by law. It is only those entitled by law to inherit a deceased person’s estate that can do so. A next of Kin is not one of such persons. However, this is without prejudice to his right to inherit on a personal ground. Thus, if the person so named as a next of kin is the son of the deceased, he is entitled to inherit, not as a next of kin, but because he is the son of the deceased. Also, if the person so named as a next of kin, is also named in a valid Will made by the deceased, he is entitled to an inheritance not because he is a next of kin, rather because he is named in the will. Per HELEN MORONKEJI OGUNWUMIJU, JSC (Pp 44 – 56 Paras F – D)”.
Conclusion
In Nigeria, being named as a next of kin does not grant right of inheritance. Legally speaking, right to inherit a deceased person’s estate is dependent on the presence of a Will and/or provisions of the relevant law be it statutory, customary or islamic law..
Legal Advice: Consult a legal practitioner with expertise in succession law to navigate the process effectively.
