Legal Question in Wills and Trusts in Nigeria

Residuary Estate

My father died and stated in his will that his residuary estate be shared equally among beneficiaries including me. His death benefits and gratuities were not specifically deviced in his will. My question is: Does the gratuities and death benefits from his place of work form part of the residuary estate or can someone who is stated as next of kin on my late father's office Personal data form claim the entire gratuities and benefits. In other words, which takes presidence? the will or next of kin?


Asked on 1/12/08, 7:54 am

1 Answer from Attorneys
Okey Onyekanma Inns Law Firm

Re: Residuary Estate

The will takes precedence over the next of kin.

Next of kin does not necessarily mean benficiary, it could mean custodian which I believe is applicable in this case.

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Answered on 1/14/08, 2:35 am


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