Between Next-of-Kin, Letter of Administration, and Will

Between Next-of-Kin, Letter of Administration, and Will

By: Balami Lazarus

I write this piece not as a lawyer but as a supposedly layman, as this so-called legal professional called some of us. Family inheritance cases are among the most annoying litigations as far as I am concerned, where brothers flesh and blood engage each other on the estate left behind by their father with shame and consideration, and in some cases they go diabolical in order to claim and have possession of the estate of the deceased. I have seen and witnessed such on many occasions. Inheritance matters, land, and money have always been the motives behind family disagreements, feuds, and legal battles. Like money, which constitutes a major motive for crime among men, so does inheritance. Therefore, my self-development in law has given me some reasonable insight into what this caption is all about.

Next-of-Kin put on any document by parents or guardians, the bearer is not and shall not expressly be the heir-at – Law except and until proven that he is the only biological and legitimate child of whoever is the deceased. But to most people, in their ignorant thoughts, the bearer mentioned as next-of – kin will automatically inherit the estate of the deceased. It is legally wrong. Are you aware that one of the busiest areas of human traffic on the high court premises is the Probate Office? The traffic there is a crossroads for the applications seeking and requesting a Letter of Administration, which is only granted by the laws of the Federation of Nigeria through the office of the Probate Judge. To obtain such a sensitive legal document is tedious because it involves physical input and paper work by those in need of such a document—a letter of administration.

To nib these issues or matters of next-of-kin, a letter of administration is needed in order to claim the estate and have ownership of the properties left behind by the deceased. The only legal way out of this tough and thorny situation is to have a will written and signed by the testator, including his witnesses. And that such document is legally binding and can be executed by the person mentioned as the administrator of the testator’s will. Therefore, a will as a legal document is seen in the eye of the law not only as a written legal document but as the testator speaking in the presence of his family members and the law. Thus, there is no denying the fact that Will is over and above, far beyond Next-of – Kin and Letter of Administration, despite the fact that it can be challenged in a court of competent jurisdiction.

However, such cases are very rare. In Nigeria, most of her citizens are not aware of the importance and legal weight of will, for it is expressed expressly in an itemized manner, which spelled out willingly how the deceased wanted his estate to be managed and executed. I hereby advise men and women to begin to think of writing their wills because a will is a divider or sorter of matters arising from such a case as it may be.

Balami, a Publisher/Columnist: 08036779290

Between Next-of-Kin, Letter of Administration, and Will