Lawyer Abdul Gafaru Ali has clarified that being named as “next of kin” does not confer inheritance rights or legal authority over estates and properties. He explained that the designation merely identifies the person as an emergency contact. Such authority, he stressed, is only possible if the individual is explicitly mentioned in a Will as a beneficiary, holds a Power of Attorney, or is an immediate family member such as a spouse or child.
Mr. Ali, a Senior Associate at Sustaineri PRUC, made the point during last Wednesday’s edition of The Mirror Dialogue Series in Accra. He noted that the term—commonly found on bank, employment, and hospital forms—is often misunderstood by the public, attributing the confusion to inadequate 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 recognise 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 authorises 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 authorises 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 underscored the duty of institutions, legal professionals, the media, and the state to educate the public on widespread misconceptions about “next of kin” and estate planning. He pointed to the Bank of Ghana’s 2024 public notice, which clarified the meaning and limitations of the term, as a commendable initiative. He further urged banks, insurance firms, and other organisations that request “next of kin” information on their forms to consistently make it clear that the designation does not automatically confer beneficiary status
Source: Gloria Apprey
