A Ghanaian lawyer, Abdul Gafaru Ali, has clarified that being named as a “next of kin” does not automatically confer inheritance rights or legal authority over a person’s estate or property.
According to him, the designation merely serves as an emergency contact and carries no legal weight unless supported by specific legal instruments or recognised family relationships.
Mr Ali explained that inheritance or decision-making authority can only arise if the named individual is explicitly listed as a beneficiary in a Will, has been granted a valid Power of Attorney, or is an immediate family member such as a spouse or child under applicable law.
He made these clarifications during a recent edition of The Mirror Dialogue Series held in Accra last Wednesday.
Addressing a commonly misunderstood term that appears on bank, employment and hospital forms, Mr Ali said many people wrongly attach legal significance to the “next of kin” label. He attributed the confusion to inadequate public education and the growing influence of misinformation on social media.
“Many people assume that once they are listed as next of kin, they automatically gain rights over property or become decision makers. That assumption is legally incorrect,” he stated.
Mr Ali, a Senior Associate at Sustaineri PRUC, explained that a next of kin could be anyone chosen by the individual, including a family member, friend or colleague, preferably someone mature and mentally sound. However, he stressed that Ghanaian law does not recognise claims based solely on next-of-kin status, even when multiple persons assert such claims.
Responsibilities and limitations
Touching on the responsibilities associated with the role, Mr Ali noted that the duties of a next of kin are minimal and largely administrative. These may include assisting institutions by providing information when necessary.
He further explained that individuals may list different next-of-kin contacts on various forms depending on context and purpose.
“Unlike a Power of Attorney, a next of kin has no authority to make legal, financial or medical decisions on behalf of the individual,” he emphasised.
Power of attorney and beneficiaries explained
Mr Ali also distinguished between next of kin, beneficiaries and holders of a Power of Attorney under Ghanaian law. He explained that a Power of Attorney grants a person authority to act on behalf of another while that person is alive. Such authority may cover signing documents, attending meetings or managing legal matters.
However, he stressed that a Power of Attorney becomes void immediately upon the death of the person who granted it.
Beneficiaries, on the other hand, are individuals legally entitled to inherit from a deceased person either through a Will or under statutory law.
He explained that executors named in a Will may apply for probate from the court, which empowers them to administer and distribute the deceased’s estate. Where no Will exists, surviving spouses, children, parents or customary successors may apply for letters of administration to manage the estate in accordance with PNDC Law 111.
The importance of writing a Will
Mr Ali urged Ghanaians to prioritise drafting Wills to ensure their assets are distributed according to their wishes after death. He explained that a valid Will must be in writing, signed by the testator in the presence of two witnesses, and preferably deposited at the court.
He said a properly drafted Will provides clarity, reduces family disputes and offers guidance to loved ones, even though it may still be challenged under certain circumstances.
Need for public education
Mr Ali further called on institutions, legal practitioners, the media and the state to intensify public education on estate planning and the limitations of the “next of kin” concept.
He cited the Bank of Ghana’s 2024 public notice, which clarified the role of next of kin, as a commendable step in the right direction.
He urged banks, insurance companies and other organisations that require next-of-kin details to consistently explain to clients that the designation does not make the person an automatic beneficiary or heir.
“This clarity will prevent unnecessary disputes and protect families from avoidable legal battles,” he said.
