“Next of Kin” Misunderstood: Why Listing Your Child as Next of Kin Could Cause Future Chaos

 

Across Nigeria, a growing number of legal battles are being traced back to a seemingly harmless administrative label: next of kin. For many families, what began as an act of love and foresight has morphed into confusion, heartache, and courtroom confrontations. At the heart of this issue is a widespread misunderstanding of what the term really means—and what it doesn’t.

The phrase “next of kin” appears on countless official documents, from bank forms to employment records. Yet, few truly understand its implications. While many parents believe listing their child—or any loved one—as next of kin guarantees that person an automatic claim to their assets, legal experts say this is far from the truth.

Contrary to popular belief, being named as a next of kin does not legally entitle one to inherit anything. Instead, the designation is primarily intended for administrative purposes. In emergencies, or in the unfortunate event of death, authorities can quickly identify and contact someone closely related to the individual. This person may be asked to make decisions or provide necessary information, but unless supported by a will or recognized under succession laws, they cannot claim ownership over the deceased’s estate.

Unfortunately, many Nigerian parents are unaware of this legal nuance. They often name their minor children as next of kin on bank accounts, pension forms, or insurance policies, believing they are securing their children's financial future. The reality, however, is quite different—and often tragic.

Several factors fuel this widespread misinterpretation. First is a fundamental misunderstanding of the term itself. In the absence of legal education, many people assume that “next of kin” is synonymous with “beneficiary” or “heir.” This leads them to make emotional choices, driven more by love and sentiment than legal clarity.

Emotional attachment plays a strong role in these decisions. For many parents, especially those with limited family or strained relations, their children represent their closest bond. Naturally, they want to ensure that those children benefit from their labor and wealth. But by listing underage children as next of kin, they unknowingly create a legal vacuum. Since minors cannot legally manage or inherit property without guardianship oversight, disputes often arise over who controls the assets—especially when extended family members step in.

The lack of awareness about Nigeria’s succession laws compounds the problem. Few citizens engage in formal estate planning. Writing a will is often viewed as a morbid or unnecessary step, sometimes even culturally taboo. Others rely solely on institutional paperwork, believing that naming a next of kin on a bank form is enough to secure inheritance. It isn’t.

Adding to the confusion is the deeply rooted cultural belief that “putting someone’s name down” automatically makes them the rightful heir. In truth, only a valid will or statutory succession framework determines how a person’s estate is distributed. Where no will exists, state laws take over—often leading to outcomes the deceased never intended.

Legal professionals and estate planners warn that this misunderstanding has led to a surge in court cases. Families are torn apart, siblings fall into conflict, and the very children parents sought to protect are caught in prolonged legal tussles. “We’ve seen cases where parents meant well but ended up leaving a mess,” said one Lagos-based lawyer. “Simply writing a child’s name on a bank form is not enough. Without a will, that child might end up with nothing.”

To address this issue, experts urge Nigerians to take proactive steps in estate planning. The most critical, they emphasize, is drafting a legally binding will. A will serves as a clear directive on how a person’s assets should be divided, who should manage those assets, and who is legally responsible for any underage beneficiaries. It also helps reduce ambiguity, prevent disputes, and ensure that one’s final wishes are honored.

Another vital step is understanding the purpose of official documentation. When institutions request a next of kin, they are not asking for the heir to an estate—they are seeking someone to notify in emergencies. In such cases, it is more practical to list a capable and responsible adult who can act quickly and provide necessary information.

Banks, insurance companies, and employers also bear some responsibility. By educating clients and employees about the distinction between next of kin and legal heirs, they can help prevent future conflicts. Incorporating estate planning resources into HR policies or customer service guidance may seem small but could have lasting positive impacts.

As more Nigerians become aware of this legal pitfall, advocates hope that cultural attitudes around death and inheritance will also begin to shift. Open discussions about wills, property rights, and family succession planning are still difficult topics in many households, but they are crucial conversations if the next generation is to be protected from unintended consequences.

Ultimately, safeguarding a child’s future requires more than love—it requires legal action. A well-written will and informed planning can do far more for a family than a misunderstood name on a form. For parents who truly wish to secure their children's inheritance, the message is clear: talk to a lawyer, draft a will, and understand the law—because being someone’s next of kin may make you their emergency contact, but it doesn’t make you their heir.