THE NEXT OF KIN REQUIREMENT AS AN INSTITUTIONAL POLICY: IMPLICATIONS FOR INHERITANCE RIGHTS IN NIGERIA

Abstract

In certain establishments and contracts, there is a requirement for a person to state his next of kin or beneficiary. Outstanding examples are life insurance policies and civil service regulations. The various statutes in Nigeria dealing with Administration of Estates stipulate the class and priority of persons qualified as ‘the next of kin’ of a deceased person. In the probate enterprise, estates of deceased persons could be administered and ultimately inherited by the next of kin. Conflicts could arise, however, and do arise with respect to which next of kin is entitled to what estate in certain circumstances. Is the law providing for the ratio or quantum of distribution and the priority of persons to inherit an estate affected by the fact that a different set of persons was nominated in a life insurance policy or the record of service as happens in the civil service? How is such a conflict resolved? In other words, are the inheritance rights stipulated in the statute or obtainable under customary law affected by the requirement of next of kin as an institutional policy? We intend to address these issues or concerns in this paper.