Succession to Property Rights in Nigeria: The Case of a Next-of-Kin

Abstract

Globally, in one way or another, one is faced with the need for a next-of-kin to be provided for in the course of banking, hospital or healthcare, insurance and in some places of employment thereby making some persons use their spouses or their first male or female child or siblings as next of kin. Basically, this is so because of the erroneous notion that a next-of-kin upon any eventuality has succession rights and is to take over the management of the property as well as the benefit of the property of the deceased. This paper examines if a next-of-kin can actually take over the property of a deceased and the nature and extent of the rights and power of a next-of-kin in Nigeria. It is the finding of this paper that in Nigeria, succession rights to property are governed by laws such as the Administration of Estates Laws, Customary and Islamic Laws and the application of any of these laws is dependent on the type of marriage contracted by the deceased property owner. Recommendations were made on how to maintain the role, position and authority of the next-of-kin as well as making a next-of-kin, a beneficiary.