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Why next of kin can’t access funds after account owners’ death – Lawyer gives reasons
Lagos-based legal practitioner and Principal/Founder, Muhammed Adam & Associates, Muhammed Adam, speaks to VICTORIA EDEME on issues associated with writing a will
Can you explain the importance of having a will?
There are so many advantages to having a will. It is important for everyone, particularly those with assets in different parts of the country or worldwide. It becomes important for the person to take inventory of all their assets. Experience has shown that many people acquire property without a will, their family members do not know what they own while they are alive. So, a will helps the testator, the maker of the will, take proper inventory of their assets.
Under native law and custom, you can’t give your property to people who are not related to you. However, when you desire to give your property to non-relatives, a will can help you do so. Due to the nature of conflicts that have arisen in the past over the distribution of assets, the making of the will can easily resolve such disputes because it (a will) states who is to get what and what should be given to whom. In Nigeria, there are some native laws and customs that apply to inheritance. With the making of the will, there is a limit to which these native laws can apply to the distribution of assets. In some parts of Nigeria, women do not inherit property, or the first child is limited to certain properties. However, the making of the will reduces the impact of customary law on some of these assets.
What are the key components that should be included in a will?
There are four key components in a will. Firstly, a will must identify the testator i.e. the maker of the will and owner of the assets. The will must contain the full name, address, and age of the testator. Secondly, a will must clearly show who the executors are. Executors are people who will administer the will when the testator is no longer alive. Their names and addresses must be stated. Another important component of the will is the details of the beneficiaries. The beneficiaries are people who will inherit the properties of the testator after death. Also, the details of the property belonging to the testator must be stated in the will.
The testator must also state properties that do not belong to them. For example, you may entrust your property to my care as a lawyer. So when I’m writing my will, I need to state who such property belongs to. There is a saying that ‘you cannot give what you don’t have’. If a property does not belong to the testator, he cannot will it out. Also, the signature of the testator is very important because it validates the making of the will. A will without the testator’s signature is as good as a worthless piece of paper. The law requires that the signature must be in the presence of witnesses. If the witnesses are not present when the testator is signing the will, that will is not valid. These are the important components of a proper will.
Are there any legal requirements or formalities that must be met when drafting a will?
One of the requirements of a will is that it must be in writing. A will cannot be in oral form. The age of the testator is also a legal requirement. Under the law, you cannot make a will when you’re less than 18 because you’d be considered a minor. Even though a minor can acquire a property, a minor cannot give out a property. Signatures of the testator and witnesses are legal requirements. The date is also a legal requirement because a will is ambulatory, as it takes effect after the death of the testator. It is valid when the date of the will precedes the date of death. But if the date of death precedes the date of the will, it is invalid.
What happens if someone dies without a will?
When someone dies without a will, the person is said to have died intestate. But when someone dies with a will, the person is said to have died testate. If someone dies without a will, their property is subject to the estate law of their state of residence. The will subdues the effect of customary law and Islamic law. For example, if the person who dies without a will is a Muslim, the Islamic personal law will be fully activated. If the person is subject to native laws and customs, the customary law of that person will be fully activated.
Does this mean that the will supersedes customary and religious laws?
It supersedes them to the extent that it allows the testator to decide on how to distribute their properties and to also give people who are not related to them. Under Islamic law and customary law, there is a list of people that you can only give your properties to. There is an order that you must follow. There is a percentage that you must give to your child, father, daughter, mother, or surviving spouse under native law and custom. For instance, when a man is subject to customary law, and the person dies, the first child is the only child entitled to live on the property that the man was living on when he was alive. If he dies intestate, the customary law will be fully activated.
If the person is neither a Muslim nor someone subject to customary law, what applies is the administration of the estate law of that state. If the person is married under the statute, i.e. when they did the marriage in a registry or a licensed place of worship, certain people would apply for a letter of administration. So, the person that is number one, for instance in Lagos State, under the administration of its estate law is the surviving spouse, followed by the children, mother of the deceased, father of the deceased, uncle of the deceased, brothers, and so on. But the point is that if someone dies without a will, you apply for letters of administration. The letter of administration is a document that allows a third party to administer the estate of a deceased person.
The letter of administration can only be given to at least two people. The people that can apply for it are the surviving spouse and the children. If the surviving spouse is not alive, then the children, at least two of them who are above 18 years, can apply. If there is nobody like that, then it goes down to the mother of the deceased and so on. To enable those survivors to transfer or acquire those properties, they must get a letter of administration. Otherwise, they will not be able to get it. And this includes having access to bank accounts, having access to the pension, cooperatives, shares in companies, and all of that. A letter of administration is an important document that must be obtained when someone dies without a will and they have properties in their name.
How do the next of kin of account holders and pensionable workers get access to the accounts once the holder dies?
By law, a next of kin is someone who is required for information purposes only, i.e. someone who can be reached immediately if the account holders are unreachable. Being a next of kin, however, does not confer a legal right to acquire property or to have access to property or assets, money in an account, pension, and all of that. The obligation of the next of kin is to be able to bring the death of the account holder to the attention of the bank or to the attention of someone who holds the money so that they can recognise whoever comes forward as the owner of the letter of administration. I’ll give you an example. Let’s say you are my next of kin, and I have N20m in a bank. If I die today, your obligation by law is to only inform the bank that this person is no more. The bank will not transfer the money to you because you are just for information purposes.
In a real-life case that I was involved in, a woman was named as next of kin to a successful businessman, who was her husband. She wrote the bank to give her the money in her husband’s account because she’s the next of kin. The bank refused and she went to court. We argued before the court that the fact that she’s the next of kin does not mean that she’s automatically entitled to the money. By law, she still requires a letter of administration to be able to have access to the money. The advantage is that the next of kin may be someone who is disqualified by law from applying for a letter of administration. I’ll give you an example.
If a man now names his friend as next of kin, the friend does not have power, access, or rights to his money and he cannot apply for the letter of administration. But when there is a will, that will should automatically tell you who the money in the account is going to. The bank will work with what the will says concerning who will now have access to the account. But when there’s no will, it will work with the letter of administration. So to ensure that the transfer of wealth is moved to the next of kin, that account holder must have a will that states such.
Can you clarify the role of executors and how they are appointed in the will?
The role of the executor is the role of the administrator. He is the person who will assist the beneficiaries in getting the properties to them. For instance, if you name me as the beneficiary of your will, after death, the administrators need to transfer the property to me. There’s a document that the administrators must give to me as the beneficiary. That document is called assent. It’s only the executors who can issue that document. Before the administrators or the executors can issue assent to me, they must also apply to the probate registry of the High Court of the state to get probate. A document issued to executors or administrators to be able to administer a will is called probate. After the probate has been given by the probate registrar, it is their role again to now issue documents called assent so that the beneficiary can have access to the property. How executors are appointed is at the discretion of the testator. There is no special procedure to it.
Can an executor be a beneficiary too?
As a general rule, no. The reason behind that general rule is so that there is no conflict of interest between being a beneficiary and being an executor. If you are an executor and a beneficiary at the same time, you may want to favour yourself more than other beneficiaries, or you may want to administer the assent faster towards getting the property compared to when you are not an executor and a beneficiary. But the testator, maybe because of their relationship, may name an executor as a beneficiary. For instance, if you name your spouse an executor of your estate, ordinarily that person is supposed to benefit from your estate, even without being an executor. So such a person can be named beneficiary and executor at the same time.
In an instance where the executor is not a beneficiary, what are the benefits that the executor will get?
One of the provisions for executors is how they will be paid. The testator will make provision for how the executors will be paid. If I make a will, and I appoint you as my executor, I may say that the sum of N5m should be paid to you every month during the administration of the estate. That way, you are not benefiting as a beneficiary now. You are being paid for your professional engagement. A lawyer can be an executor. If you name me as an executor in your will, and I’m being paid my professional fee for being an executor, I can’t be said to be a beneficiary of the will.
What options are available for distributing assets if the beneficiary dies before the testator?
If the beneficiary dies before the testator, such assets can go back to the estate. There is something called residual estate, which constitutes undistributed property. In some instances, it can be re-willed to another person, or to the survivor of that beneficiary. If the testator is still alive, he can use his discretion to change whatever he or she wants to change. But normally what happens in this instance is that the property will be re-willed to another person or the survivor of the beneficiary.
How often should a will be updated or reviewed?
A will should be updated if there is any change in your financial situation. It can be when you have a new child, you get married, a beneficiary dies, an executor dies, or there is a change in personal relationship. For instance, I have a son and I’ve made my will. If tomorrow I have another child, I will update my will. A codicil is an amendment made to a will. So you can have an original will and as many wills as possible. But the wiser thing to do is that if there’s a change in financial situation or family relationship, you update your will. (PUNCH)
A retired justice of the Supreme Court, Amina Adamu Augie, has warned that corruption within Nigeria’s judiciary and legal profession is eroding public confidence in the administration of justice and transforming the courts from institutions of impartiality into what she described as “market stalls.”
Speaking in Abuja during the 40th anniversary celebration of the Nigerian Law School Class of 1986, popularly known as the Centennial Class, Augie said corrupt practices involving judges, lawyers and court officials had weakened the credibility of the justice system and damaged the public’s perception of the legal profession.
The retired justice called for practitioners found guilty of misconduct to be punished, regardless of their seniority, influence or professional standing.
Augie, who taught at the Nigerian Law School before beginning her judicial career, identified corruption, political interference, inadequate funding and delays in the administration of justice as some of the most serious challenges facing Nigeria’s judiciary.
“The third, which I will not dress up, is corruption. Where it exists on the Bench, at the Bar, or in the Registry, it poisons everything by turning the one place that a citizen should find impartiality into one more market stall,” she said.
She nevertheless cautioned against the blanket condemnation of the judiciary, stressing that the majority of judges and lawyers remained honest, hardworking and poorly remunerated.
According to her, the justice system must be designed in a way that protects judicial officers and other legal practitioners from undue pressure and temptation, rather than exposing them to conditions that make misconduct easier.
Augie expressed particular concern about the conduct of some senior members of the legal profession, saying their actions had contributed substantially to the decline in public trust in the courts and the wider justice system.
“Have we kept faith with them? In part, YES, in part, NO. Public trust has paid the price. The public today is quick to believe the worst of lawyers, and sorry to say, not always without cause,” she said.
“When a few senior members of the profession have been found to traffic in the corruption of justice, the damage is not to them alone; it stains the gown we all wear.”
She said rebuilding confidence in the legal system would require more than public relations campaigns or efforts to improve the image of the judiciary. In her view, the profession must demonstrate a willingness to discipline its members openly and fairly, without being intimidated by their status.
“Restoring that trust is not a matter of better public relations. It is a matter of conduct and a profession willing to discipline its own, without fear or favor, no matter how senior the offender may be in the legal profession,” she said.
The retired justice reminded lawyers that their foremost duty was to the court and the administration of justice, not merely to the clients who retained them. She said professional responsibility demanded honesty, candour, respect for judicial authority and commitment to the rule of law.
Augie urged lawyers to reject attempts to manipulate court proceedings, manufacture or distort evidence, delay cases unnecessarily or secure favourable judgments through improper influence.
She also warned that corruption could not be addressed in isolation from the broader conditions under which the judiciary operates. Inadequate funding, she said, posed a serious threat to judicial independence because a court that depended on the executive for basic infrastructure and operational needs could not be regarded as completely autonomous.
“A Judiciary that must beg the executive for a Courtroom roof, vehicles, or even the Judges’ entitlements is not fully free; financial autonomy for the Courts is not a perk for Justices and Judges, but a guarantee for litigants,” she said.
Augie further criticised the delays and high costs that continue to make litigation inaccessible to many Nigerians. She described delay as the “chronic disease” of the country’s justice system and said it had weakened public confidence in the courts.
Drawing on her experience at the Supreme Court, she said the apex court was burdened by an excessive number of appeals, including disputes that should ordinarily have been resolved at lower levels of the judicial system.
She recalled an appeal concerning the burning of 12 goats that eventually reached the Supreme Court, despite the enormous workload already confronting the court.
According to her, constitutional amendments were needed to narrow the categories of cases that could be taken to the apex court. Such reforms, she said, would enable Supreme Court justices to focus on matters involving significant constitutional, legal and national questions.
Augie also condemned the repeated failure of government authorities to comply with court orders. She cited the prolonged detention of former National Security Adviser Sambo Dasuki and Islamic Movement leader Ibrahim El-Zakzaky, despite judicial directives ordering their release.
She said the disobedience of court orders by public officials weakened the authority of the judiciary and sent a dangerous message that compliance with the law was optional for those in power.
Reflecting on the development of Nigeria’s justice system over the past four decades, Augie acknowledged that progress had been made, particularly since the country’s return to democratic rule in 1999. However, she expressed disappointment that justice remained slow, expensive and beyond the reach of many citizens.
She referred to Nigeria’s ranking of 120th out of 143 countries in the 2025 World Justice Project Rule of Law Index, describing the position as an uncomfortable indication of the country’s institutional weaknesses and the continuing challenges facing its justice system.
Augie called for comprehensive reforms to strengthen judicial independence, improve access to justice, modernise case management, reduce delays and restore ethical standards across the legal profession.
She urged members of the Class of 1986, many of whom now hold senior positions in the judiciary, government and legal profession, to use their influence to defend the rule of law and rebuild public confidence in the courts.
“If Governments obey the Courts, if its Judgments are enforced, if justice comes within a reasonable time and within reach of the poor, if the profession upholds its integrity and disciplines its own, Nigeria would be better positioned to secure its future”, she said. (Weekend Trust)
The National Drug Law Enforcement Agency (NDLEA) has intercepted 8,725 kilogrammes of tramadol powder worth more than ₦6.98 billion at the Apapa Port in Lagos and arrested a female passenger allegedly attempting to smuggle cannabis to Saudi Arabia.
The passenger, Fatimah Ahmad, was arrested on Friday, October 16, during the outward clearance of an Ethiopian Airlines flight to Jeddah via Addis Ababa at the Mallam Aminu Kano International Airport, Kano State.
The agency said operatives found 511.75 grammes of cannabis concealed in a gallon of palm oil she was carrying.
According to the NDLEA, Ahmad told officers that her cousin, Abubakar Yahaya, had given her the gallon. Yahaya was subsequently arrested at the airport car park.
The agency’s Director of Media and Advocacy, Femi Babafemi, disclosed the arrests and seizures in a statement on Sunday, detailing a series of anti-drug operations across several states.
At the Apapa Port, NDLEA operatives, working with the Nigeria Customs Service and other agencies, uncovered the tramadol shipment on October 2 during an examination of cargo declared as maize starch.
A confirmatory test at the agency’s forensic laboratory identified the substance as tramadol hydrochloride powder. When separated from its concealment on October 14, the shipment comprised 349 bags with a gross weight of 8,725 kilogrammes, valued at more than ₦6.98 billion.
At the Tin Can Port, also in Lagos, officers discovered 55 kilogrammes of Canadian Loud, valued at ₦165 million, hidden in a Toyota Sienna vehicle inside a 40-foot container on October 12.
The agency also reported the arrest of Elizabeth Chidera Kalu at Idumota Market on October 14, with 10,600 ampoules of diazepam injection and 6,500 tablets of Molly recovered from her store.
In separate operations in Mushin, two men, Idowu Daudu and Ahmed Oniyinde, were arrested on October 15 with 59.95 kilogrammes and 61.23 kilogrammes of skunk, respectively.
Another operation along Iyana Oba led to the interception of a truck allegedly carrying illicit drugs from Trade Fair Market. The NDLEA said 18,000 pills of tramadol 250mg were found in cartons labelled as Rambo insecticide. The suspects arrested were identified as Tajudeen Adeduntan, a loading manager, and his assistant, Azeez Sikiru.
In Edo State, six suspects were arrested during raids in Warake, Ivhiaro and Ewe/Irue communities in Owan East Local Government Area between October 15 and 16.
Those arrested included 85-year-old Grace Ehimeka, who was allegedly found with 179 kilogrammes of skunk, and Ayo Aigberadion, 53, with 220.8 kilogrammes. Other suspects were allegedly found with varying quantities of cannabis and other substances, including tramadol, Swinol and diazepam.
In Ondo State, the agency said operatives raided a cannabis farm in Okemoro Isinbode camp forest on October 17, destroying 7,500 kilogrammes of skunk cultivated on three hectares of land and arresting five suspects.
The operation also yielded 92 bags of skunk weighing 1,267 kilogrammes, 11 kilogrammes of cannabis seeds and three kilogrammes of fresh stems, bringing the total weight of the recovered exhibits to 1,281 kilogrammes.
In another operation in Owo, officers tracked 53-year-old Okunebe Ndidi to a hideout in Ameyinti on October 16 and recovered 25 bags of cannabis weighing 375 kilogrammes.
In Bauchi State, NDLEA operatives intercepted a Volkswagen Golf wagon at Ragwam village in Katagum Local Government Area on October 14, recovering 894,800 tramadol capsules and Exol-5 tablets from Shamsu Garba, 35.
The agency also said officers on patrol along the Bauchi-Gombe road recovered 291 blocks of cannabis weighing 265 kilogrammes from an abandoned vehicle at Tudun Natsira village. (Channels TV)
Alhaji Ibrahim Ladan Duguri, the Executive Secretary of the Bauchi State Health Contributory Management Agency (BASHCMA), has lost his life alongside those of four of his children in an accident at Yalwan Duguri in Alkaleri Local Government Area of the State.
Governor Bala Mohammed, who confirmed the tragedy, expressed profound sorrow and deep grief.
The governor described the death of Alhaji Ibrahim Ladan Duguri as a monumental loss to Bauchi, particularly the health sector, “where he distinguished himself through dedication, commitment, and an unwavering passion for improving access to healthcare services for the people”.
In his condolence message signed by his Special Adviser on Media and Publicity, Mukhtar Gidado, the governor equally saddened by the tragic circumstances surrounding the incident and extends his heartfelt sympathy to the immediate family of the deceased, the Duguri Emirate Council, friends, associates, colleagues, and the entire people of Bauchi over the loss.
He also prayed for the full recovery, strength, and comfort of Suleiman, one the deceased’s son who reportedly survived the accident .
Mohammed said, “As Executive Secretary of BASHCMA, the deceased played an important role in advancing the state’s health contributory management system and supporting efforts to make healthcare more accessible to the people, especially the less privileged. His dedication was also evident in his contributions to the state’s medical team during pilgrimage exercises in the Kingdom of Saudi Arabia, where his commitment to the health and well-being of pilgrims was widely valued.
“Beyond his professional accomplishments, Alhaji Ibrahim Ladan Duguri was a close personal friend, and classmate of Governor Bala Mohammed. His death, therefore, represents not only the loss of a valued public servant but also the painful departure of a beloved family member and trusted companion whose life was marked by service, loyalty, and dedication to humanity.”
He acknowledged that no words can adequately express the pain and anguish of the bereaved family at this difficult moment.
Mohammed prayed that Almighty Allah, in His infinite Mercy, would forgive the shortcomings of the deceased, accept their good deeds, and grant Alhaji Ibrahim Ladan Duguri and his beloved children eternal rest in Aljannatul Firdaus.
The governor called on all well-meaning citizens of Bauchi to remember the bereaved family in their prayers and to offer them the necessary compassion, and solidarity during this moment of profound grief.
The funeral prayer for the deceased will be conducted at the palace of the District Head of Yalwan Duguri by 11:00am, on Sunday.
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