By Lucille Cash-Abbey Esq.
A few weeks ago, I saw a video on social media where a man with a huge bowl of food, surrounded by an array of proteins, made a funny statement. He said, “Enjoy life and the fruit of your labour because after you are dead and gone, your next of kin will be spending your money on unnecessary things.” I laughed because it was funny, but the import of the message was not lost on me.
Just a few days later, a colleague lawyer shared an incident that occurred at the bank where he works. A man walked into the branch and demanded to see the manager. He explained that his uncle had recently passed away and, as the deceased’s next of kin, he was there to withdraw the money from his uncle’s account and close it down. My colleague was called into the manager’s office to explain to the man what it actually means to be a next of kin, this only after several heated insults had been hurled at the staff.
This time, I did not find it amusing. Instead, it struck me how widespread the misconceptions about the concept of “next of kin” really are. Many people believe that being listed as someone’s next of kin automatically entitles them to inherit that person’s assets, but this is far from the truth.
In this article, we will explore who a next of kin really is, what the designation means legally, and the actual roles and responsibilities attached to it. More importantly, we will look at the difference between being a next of kin and being a beneficiary under the law.
Who Qualifies as Next of Kin?
A next of kin is simply the person you nominate as your closest point of contact. In most cases, you provide their details when filling out forms at hospitals, banks, workplaces, or insurance companies. It could be your spouse, parent, sibling, child, or even a trusted friend.
The choice is personal, and institutions generally rely on this designation for communication purposes. It is not limited by blood ties, although in practice most people choose family members.
Is Next of Kin a Legal Heir?
This is where confusion arises. Being a next of kin does not make someone a legal heir, therefore, if someone names their brother as next of kin on a bank form, that brother does not automatically inherit the money in the account upon the person’s death, unless he qualifies under a Will or a Trust.
Roles and Responsibilities of a Next of Kin
The primary role of a next of kin is administrative, not proprietary. Some of their responsibilities include:
- Being the first point of contact in emergencies (especially in hospitals).
- Helping to provide or confirm personal details of the deceased when dealing with institutions.
- Acting as a liaison between organisations and the deceased’s family.
- Assisting in initiating processes such as notifying banks, employers, or insurers of the death of the deceased person.
It is important to note that while institutions may contact the next of kin, they do not transfer ownership of assets to them simply because they hold that title.
Next of Kin vs. Beneficiary
The difference between these two terms cannot be overstated.
- Next of Kin: A contact person chosen for administrative and emergency purposes.
- Beneficiary: A person legally entitled to benefit from your estate or an asset, either through a will, trust, pension, or insurance policy.
This means that while your sibling may be listed as your next of kin at work, your spouse or child may be the one who inherits your pension or life insurance proceeds because they are listed as beneficiaries. Institutions will always pay beneficiaries, not next of kin.
Common Misconceptions
- “Next of kin inherits everything.” False. Inheritance is determined by succession laws or a valid will.
- “Only one person can be next of kin.” False. You may nominate more than one, depending on the institution’s policy.
- “Next of kin must always be a family member.” False. While many people choose family, you can legally choose anyone you trust.
Why the Distinction Matters
The confusion surrounding next of kin often leads to family disputes, disappointment, and even litigation. Understanding the distinction is important for several reasons:
- It helps families manage expectations after the death of a loved one.
- It encourages people to take estate planning seriously by writing wills and naming beneficiaries.
- It protects institutions from accusations of unfair treatment or fraud when distributing a deceased customer’s assets.
Most importantly, it empowers individuals to make informed choices about how their assets should be handled after death.
Conclusion
Naming a next of kin is important, but it is not the same as planning your estate. A next of kin ensures there is someone to be contacted in emergencies or for administrative purposes, but only a will or legally designated beneficiaries determine who inherits your property.
If you want to avoid confusion, disputes, and unnecessary stress for your loved ones, take steps today: write a will, update your beneficiary designations, and seek legal advice if needed. Do not leave your legacy to chance, or to misconceptions about what a “next of kin” really means.
ENDS
