joshua
I am sure you have filled various forms, asking you for your next of kin. A bank account, an investment document, and others.
There is a widespread belief that the closest family member (a spouse, blood relative, etc.) should be the next of kin and is entitled to make decisions on their behalf if the adult lacks decision-making capacity. Take decisions on their behalf in relation to their property and personal welfare; give or withhold consent for their medical treatment.
The truth is, outside of a formal legal arrangement; having a next of kin on all your property documents, bank accounts, and other investment is in no way equal to having a WILL.
Your next of kin is not automatically a beneficiary of your property after death except there is a legal arrangement in place that allows such.
What does “next of kin” really mean?
Next of kin is a title that is primarily used in order for emergency services to know who to keep informed about an individual’s condition and treatment. The title can be given, by you, to anyone from your partner to blood relatives and even friends. It is also possible to name more than one person as your next of kin.
Many people assume that being next of kin means that you automatically have the right to make decisions and deal with the affairs of your loved one. Next of kin means nothing legally, with the exception of children aged under 18.
Does next of kin have access to your bank account?
When an account holder dies, the next of kin must notify their banks of the death. This is usually done by delivering a certified copy of the death certificate to the bank, along with the deceased’s name, bank account numbers, and other information. The bank may require other documents, including court-issued letters, testamentary or letters of administration naming an executor or administrator of the deceased’s estate.
A chosen next of kin can only have access to a deceased person’s bank account if he/she has an ownership stake in that account from inception or if he/she was appointed by the court to act as the executor of the deceased owner’s estate.
Deceased accounts are bank accounts that are owned by a person who is no more alive (deceased). Banks will freeze the account(s) when they get notified that the account has been deceased. The money and belongings (if stored in a bank locker) will be handed over to the legal heirs as per the court’s directions.
“There is nothing special about next-of-kin as far as succession is concerned. Next-of-kin is simply the first contact point if anything happens to you. He/she is someone empowered to make decisions for you in times of emergency or where you are not readily available or unable to make the decisions yourself. He/she is someone empowered to provide necessary information about you where needed such as confirming your identity. He/she is also someone positioned to make medical decisions such as providing consent for a medical procedure.
At best, what a next-of-kin can do after the demise of the deceased is perhaps to ensure that necessary steps are taken towards obtaining letters of administration from the probate. The typical Nigerian’s conception of the term, “next-of-kin” is therefore erroneous.
A next-of-kin can inherit only if he/she is named in a will as a beneficiary, or by his status, he is entitled by law to inherit; but not actually because he is named as the next-of-kin of the deceased in a bank or place of work.”
How to give legal rights to next of kin
If you then want your next of kin to have the power to make decisions for you if you are unable to make decisions yourself, then you need to appoint them as your Attorney(s) under a Lasting Power of Attorney (LPA). There are two different types of LPA and you can appoint a person to make decisions about financial affairs or about health and welfare, or both.
Being appointed as an Attorney means that you can make decisions on behalf of a person when they are unable to make decisions themselves. Having an LPA in place gives you the opportunity to select the person or persons who you believe would be most suited to carrying out your wishes and ensuring your future affairs are looked after.
“To simplify the meaning to the man on the street, it means the person that is authorized by someone to take certain decisions or actions on his behalf and in his absence. Usually, the issue comes up after a person has died and he names someone as his next of kin in his personnel file with his employers. The next of kin must be any person that the person trusts. It could be a friend or a relation. It could even be an incorporated entity.
“The definition of the term ‘next of kin’ has been given different connotations by different persons, but the legal definition remains constant.
Next of kin is not the same thing as being given an inheritance; NO, far from it. It is not a will where the testator states how his/her properties can be distributed. He is also not an Executor of a Will. The simplest definition of his task is that he is the person to be contacted in the event of any emergency.”
Next of kin do not have any automatic legal rights!
