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Recently, Nigerian billionaire Obinna Iyiegbu, also known as Obi Cubana, made a social media post in reaction to who his real next-of-kin is. The development is not unconnected to when his adopted son, Chidi, jumped on a TikTok challenge and vaguely claimed to be the next-of-kin to the business tycoon.
Several controversies have trailed the issue, with many claiming that a next-of-kin has no right in law or that an adopted child cannot legally partake in the distribution of a deceased person’s property.
As part of DUBAWA’s Media and Information Literacy (MIL) project, this article examines what the law says about next-of-kin and inheritance in Nigeria.
Who is a next-of-kin?
Typically, a next-of-kin is described as a person’s closest relative. This individual can either be a blood relation, like children, or someone with legal status, which happens through marriage or adoption.
Under the Nigerian laws, the term “next-of-kin” can be used in different senses. Firstly, it means nearest blood relative or, the person to be notified in case of any eventualities of life like an accident, emergency or death.
Such a person may be required to make medical decisions such as providing information or consent for a person who is incapacitated. The term can be used to refer to an heir.
The Court of Appeal in the case of Joseph vs. Fajemilehin also agreed with these positions.
Next-of-Kin and inheritance
Basically, being a next of kin carries certain duties and potential advantages. One gets firsthand information about events, has access to personal matters that may not be shared with others and is given a chance to handle a plethora of personal and intimate responsibilities on behalf of that person.
However, being someone’s next of kin does not automatically guarantee the right to inherit their property. “It largely depends on whether there’s a valid will naming you as a beneficiary,” said Ifeoluwa Olayiwola, an Abuja-based legal practitioner.
If there’s no will, she added, specific laws come into play to determine who inherits what based on the legal relationship with the deceased. “So, while being a next of kin can lead to inheritance, it’s not a guaranteed outcome.”
Like Ms Olayiwola, Ibrahim Moshood, another lawyer, said that being named as someone’s next of kin does not automatically mean the person will inherit their property.
“If the person dies with a written will, then whatever is stated in the will must be followed strictly. The instructions in the will override anyone else’s interests, including that of a next of kin,” he posited.
What does the law say?
The Nigerian law treats adopted children equally with biological children when it comes to inheritance provided the adoption was legally finalized. Also, there is the principle of equal rights under the country’s laws which aligns with global practices.
Pursuant to Section 42(2) of the 1999 Constitution, no citizen shall be discriminated against, which includes adopted children.
DUBAWA’s check reveals that courts have also affirmed that adopted children have the same inheritance rights as biological children. See the case of Bassey vs. Ekpiken & Ors and Aduba vs. Aduba and Section 141(3) of the Child Rights Act 2003.
According to Ms Olayiwola, the right of adopted children to inherit should not be questioned. “If a person dies without a will (intestate), the adopted child is entitled to the same share of the deceased’s estate as a biological child. This is known as intestate succession. In the absence of a will, both adopted and biological children share equally,” she explained.
“If the person dies with a will (testamentary succession), they can include the adopted child as a beneficiary (just like any biological child) who can inherit whatever portion is allocated to them.”
Mr Ibrahim said that the distribution of a deceased’s properties depends on the personal law that applies to him. This personal law is influenced by how the person lived, the kind of marriage they had, or their religion.
He explained that if a person had a statutory (court) marriage, English law would apply, and the next of kin may be considered in the sharing, but are not automatically entitled. In contrast, if it is a customary marriage, then their ethnic group’s traditions will determine how the estate is shared.
“Therefore, it is not automatic that a next of kin or an adopted child will inherit. The key factor is the personal law the deceased submitted to while alive,” Mr Ibrahim said.
Conclusion
DUBAWA’s findings show that the title next-of-kin does not automatically mean next to inherit.
Inheritance under Nigerian laws depends on wills and personal law of a deceased person. Meanwhile, both biological and adopted children have rights to inheritance whether such adopted children. It is very important that the adoption process is properly documented and legally sound. This ensures that there are no potential disputes or complications during inheritance proceedings.
