EVALUATING THE LEGAL STATUS OF NEXT-OF-KIN UNDER NIGERIAN LAW OF SUCCESSION

Abstract

This paper appraises the controversy surrounding the status of next of kin as a beneficiary under the Nigerian law of succession. The paper finds that contrary to the legal position of next-of-kin, the view that the common man widely holds is that an appointment of one as a next-of-kin automatically qualifies the person as a beneficiary of the estate of his appointer. The paper argues that unless entitled as an heir under customary law or appointed as a beneficiary under a will, a next-of-kin does not have an automatic right of inheritance. The paper employs a doctrinal methodology. The necessity of establishing the accuracy of the findings is the justification for maintaining that unless otherwise appointed a beneficiary under a will or on intestacy, a next-of-kin does not simpliciter have an automatic right of inheritance.