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By Ozioma Onyenweaku
She sounded quite desperate on phone. She is a quiet cool lovingly lady enjoying a good relationship with her husband even as the husband is battling with terminal disease. What could be the problem? She insisted it was urgent that I came to the office.
“Would you rather come to the house”, I suggested. She was like “this is not a social visit; it is a serious business.” So I headed straight to the office. Few steps up the staircase, my client/friend was already panting.
She was about to start speaking, when I stopped her and asked her to calm down and settle down first. I had earlier, over the phone, asked her if anybody died, and she said “No”. I parted her back and reminded her that nobody had died, and we still have our lives. More particularly, whatever thing it was, we were in it together; and together we shall overcome. She managed a smile.
Generally, the next-of-kin is someone who, by his appointment as the next-of-kin, has been positioned to make some immediate medical decisions in the event of incapacitation; at the demise, to ensure steps are taken for proper burial and so on.
When I had seen that she was more settled, I requested to know what was trying to drain colour out of this beautiful God’s handwork sitting right with me. Her smile this time was broader.Advertisement
“Can you believe what I just discovered?” She went on without waiting for an answer.
“Would you believe that my husband did not use me as his next-of-kin; rather he used one of his relations, not me, as next-of-kin?”
“I never believed he could do this! Kenneth!! And I have him all over my affairs as the next-of-kin!” She started real cry.
I offered her a new handkerchief, while watching her.
I allowed her to pour out her heart without me interrupting. Then, she stopped talking and looked at me and I was there just quiet.
Then, I asked if she had more to say as I was all ears. She said that was it. I mean was that all that was bothering her at the moment?
She shot at me, “Did you just say ‘Is that all’?” My husband using one of his relations as next-of-kin is not enough to hurt me?”
“Have you forgotten that I started this family with him from the scratch? Can’t you try and imagine what it means that after all your toil, someone else is positioned to inherit your sweat?”
I made her understand that I was not belittling her hurt; that I would feel the same way if I were in her shoes (of ignorance of course; I did not say that out)
“But he has not said his relation should inherit his property”, I chipped in.
“He made him the next-of-kin! Don’t you get it?”
“Don’t forget that we are in it together.” I got up, tapped her on her back, “Cheer up! You have nothing to worry about”, I said.
“Really? How do you mean?”
“You are married to Ken under the statutes, isn’t it?” “Yes! So?”
Many people have this misconception, as my friend here, that a next-of-kin is automatically someone who would inherit the deceased estate. A next-of-kin is simply explained as the first contact point in case of any misfortune. Definitions, though, vary as per jurisdictions. The next-of-kin is not entitled by law to inherit just for the mere reason of being the next-of-kin.
Generally, the next-of-kin is someone who, by his appointment as the next-of-kin, has been positioned to make some immediate medical decisions in the event of incapacitation; at the demise, to ensure steps are taken for proper burial and so on.
A next-of-kin can only inherit if he is entitled to inherit by law; such as when the spouse or child is the next-of-kin or he is named in the Will as a beneficiary.
Where there is a Will, Next-of-kin becomes useless because the estate of the deceased would be shared according to the Will. If there is no Will, sharing of the estate of the deceased will then be according to the Administration of Estate Laws.
As I pointed out last time, no matter the custom and tradition of the spouses, once they are married under the Statutes (popularly called Court wedding), if any one of them dies without a Will, the applicable law in sharing the estate of the deceased will be the Administration of Estate Laws.
My friend is married under the Statute. They have four children. The husband has written no Will. He used his relation as next-of-kin before getting married. So in the event of intestate, his estate remains for his wife and children to the exclusion of every other person.
All these I explained to my friend, and gave her a print out of the section of the applicable Administration of Estate Law.
The hug from my friend was breath-taking!