A lawyer, Abdul Gafaru Ali, has explained that being listed as “next of kin” does not grant inheritance rights or legal authority over estates or properties.

He said that only identifies the listed person as an emergency contact.

He stressed that that could only be possible if the next of kin is listed in a will as a beneficiary, holds a power of attorney, or is an immediate relative, such as a wife or child.

Mr. Ali, a senior associate at the Sustaineri PRUC, made the clarification during an edition of The Mirror Dialogue Series in Accra last Wednesday.

He noted that the term, which frequently appeared on bank, employment, and hospital forms, was often misunderstood by the public. 

He attributed the widespread confusion to limited public education and the influence of social media.

“Many people wrongly assume that once they are named as next of kin, they automatically become beneficiaries or decision makers,” he said.

Mr. Ali explained that a next of kin may be a family member, friend, or colleague, ideally older and of sound mind, and added that the law does not recognize claims based solely on next of kin status, even where multiple individuals assert such claims, without proper legal standing.

Responsibilities and limitations

On the responsibilities and limitations of the role, Mr. Ali stressed that a next of kin has very limited duties, mainly assisting institutions by providing information when required.

He added that individuals were free to list different people as their next of kin on different forms, depending on the purpose.

“Unlike a power of attorney, a next of kin cannot make legal or medical decisions for the person,” he said.

Explaining the concepts of power of attorney and beneficiaries under Ghanaian law, Mr. Ali said a power of attorney authorizes an individual to act on another person’s behalf while the person is alive. 

This may include signing documents, attending meetings, or handling legal matters. 

However, he noted that the authority granted under a power of attorney ends immediately upon the death of the person who executed it.

Beneficiaries, on the other hand, are persons legally entitled to inherit from a deceased individual either through a will or under the law.

Mr. Ali explained that executors named in a will could obtain a probate from the court, which authorizes them to manage and distribute the deceased’s estate.

He added that where a person dies without a will, surviving spouses, children, parents, or customary successors may apply to the court for letters of administration to legally manage the estate in accordance with PNDC Law 111.

The importance of a Will

On the importance of a will, Mr. Ali urged Ghanaians to draft wills to ensure their estates are distributed according to their wishes.

He explained that a valid will must be in writing, signed in the presence of two witnesses, and ideally lodged at the court.

According to him, a will provides clear guidance to families and helps reduce disputes after death, even though it may still be contested in some cases.

Public education

Mr. Ali also highlighted the responsibility of institutions, legal practitioners, the media, and the state in educating the public on misconceptions surrounding “next of kin” and estate planning.

He cited the Bank of Ghana’s 2024 public notice clarifying the concept of “next of kin” and its limitations as a positive step. 

He urged banks, insurance companies, and other organizations that require “next of kin” details on their forms to consistently explain that listing someone as a next of kin does not make the person an automatic beneficiary.

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