It is to be noted that unlike the testate succession which is primarily on the Will, the intestate succession under discussion basically involves the application of the Common Law, Administration of Estate Laws of the various States and Customary law. Does the deceased ownership right automatically transfer to the next of kin simply because such person is appointed a next of kin?įlowing from the questions above is the deductible fact that the transfer of ceased ownership right of a deceased person over his/her estate in focus is an issue of succession which is governed by law of the land. It is crystal clear that that the ownership right of a deceased person over his/her property during lifetime of the deceased person begun with him/her and ended with him/her but upon his/her demise, the said ownership right ceased. The property begins with the owner and also ends with him. Thus, ownership connotes a complete and total right over property. Adibi (2004) 17 NWLR (Part 568 paragraphs D-E connotes the totality of or the bundle of the rights of the owner over and above every other person on a thing. Ownership as defined in the case of Fagunwa Vs. Next to the definition of a next of kin in a legal parlance is the pressing questions: ‘Does Ownership right of a deceased person during his/her lifetime over his/her estate become rights of a next of kin upon the demise of the deceased person?’ ‘ Can a next of kin sue or be sued in representative capacity of the next of kin to the deceased person?’ begging for rational answers.ĭOES OWNERSHIP RIGHT OF A DECEASED PERSON DURING HIS/HER LIFETIME OVER HIS/HER ESTATE BECOME RIGHTS OF A NEXT OF KIN UPON THE DEMISE OF THE DECEASED PERSON? Fajemilehin O.O &Anor.(2012)LPELR -9849 (CA) as ‘ the person declared to be the nearest of kindred to the declarant.’įlowing from the above definition, the term ‘Next of Kin’ refers to one’s nearest relation who can be a spouse, child or person’s closest living blood relative. with reference to Black’s Law Dictionary and Chambers 20 th Century English Dictionary defines the term ‘next of kin’ in Joseph vs. ‘WHO THEN IS A NEXT OF KIN IN LEGAL PARLANCE?’Įjembi Eko J.C.A. It is not in doubt that rights are essential conditions of social life without which no person can generally realize his best self but the rights in focus in this piece are: ‘ Ownership right of a deceased person during his/her lifetime over his/her estate and right of action, that is, right to sue and be sued in representative capacity of the next of kin to the deceased person’.

Next of kin