LAW OF SUCCESSION Lecture 3 Kenyan law
TESTATE SUCCESSION
Testate succession occurs where a person desires of retaining control over his property after death makes arrangements to ensure that upon his death the property passes to persons or a person of his choice. These arrangements are made through a valid will whether oral or written. Contrast this with intestate succession where there are no such arrangements. The deceased in the event of intestate would have no control over the ultimate destination of his property, the testator has the freedom to decide who should benefit from his property unlike in the intestate.
The word Will refers to all that a person wishes to happen after their death with respect to property. A will may therefore be defined as a record of the deceased person’s wishes and intentions pertaining to the devolution of his property upon his death. A Will please note being a testamentary document i.e. a document meant to take effect upon death has no legal effect until the maker dies. While the testator is alive a Will does not limit his rights of ownership nor confer any benefits to anyone. Before the testator’s death the Will is a mere declaration of intention with no legal effect whatsoever.
There are five essential characteristics of a Will namely:
1. The wishes expressed are intended to take effect upon death i.e. the document must be clear that the wishes are intended to take effect after death, if not clear and if the document does not express that the wishes should take effect upon death then it is not a Will. Even if the document itself is described as a Will, the same would not be deemed to be a will as long as the wishes therein are not expected to take effect upon death. If the provisions of the document are to take effect sometime before the death of the maker then the document is not a will.
2. The Will only takes effect on death beneficiaries under the Will therefore do not acquire benefits before the testator’s death. If a beneficiary dies before the testator, the gift lapses because the beneficiary will not have acquired an interest in the property
3. A will only operate as a declaration of intention and therefore the execution of a Will does not affect the way in which the testator deals with his property during his/her lifetime. He/she is free to dispose off the property given in any way. The execution is not a fetter to the testator’s freedom to deal with the property. In any case the testator cannot be certain that a beneficiary will receive a particular asset which is given to them by will. The testator cannot be sure as to whether a beneficiary will receive the asset given to him/her by the way. There is no guarantee that the gift given to one under the will is what they will get. Settlement of debts takes priority of the distribution of the Estate to the beneficiaries. Personal representatives are under a duty under Section 83 of the Law of Succession Act to settle all the debts and liabilities of the deceased and these take priority over distribution. Very often the testator will not give directions and the will is usually silent on debts and liabilities, it is left to the administrator to settle debts. Section 79 of the Act vests the property of the deceased in the personal representative. Section 82 of the Act gives personal representatives a general power of sale and it is possible that if the debts of the estate are large, the gifts may be absorbed in the payment of debts. Indeed where liabilities are larger than assets the beneficiaries may end up getting nothing.
4. A will is always revocable and it is always revocable because it is a mere declaration of intention and also since it is only effected after death, the maker can always revoke it before death and it is revocable even where the will itself says it is not revocable.
5. This characteristic is not common to all wills or testaments, A will is ambulatory which means it is capable of dealing with property which is acquired after the date of the execution of the Will. This depends on the wording of the will itself. If a person executes a will in 1967 containing a clause or provision to the effect that all the testator’s land was to pass to a particular beneficiary, any property gotten after 1967 will be covered by that clause.
The law of succession deals with property and therefore it is chiefly concerned with disposing of property which is its chief function but it can be used for other purposes and incidental matters such as
(a) appointment of persons to administer the estate of the testator, appointment of executors – a testator does not have to appoint executors and a will which does not appoint executor is not invalid;
(b) It can be used for appointment of trustees to administer a trust set up under a Will;
(c) It can used for the appointment of guardians for the children of the testators who are minors at the time or at the date of the testators death. This is usually considered necessary where the testator is a single parent;
(d) It can be used for making directions as to liabilities of taxes and settlement of debts and liabilities. This gives the testator the opportunity to disclose debts that may not be known by members of the family. This also helps the family especially where liabilities exceed the assets;
(e) It may be used for giving directions as to the manner of the disposal of the deceased body, the deceased may want to be buried at Langata instead of being transported upcountry or directions as to where the deceased wants to have his body disposed off. There is no property in a dead body and therefore directions concerning the dead body can be disregarded by the executor.
Note that in a will the testator should avoid expressing emotion such as love, hate, gratitude, despair or any feelings about in general, the reason for this is that upon the testator’s death the will is made public or read to the members of the family and it is accessible to members of the public and for this reason the testator should guard against his private feelings and thoughts as this is likely to embarrass the family. The wishes should be expressed simply and clearly without any trace of ambiguity. Serious ambiguity can lead to the will being challenged on the grounds of uncertainty. Therefore the testator should express himself clearly in the document. The testator is not obliged to offer any explanation or apology to the manner in which they dispose off their property. Indeed the testator should avoid using too many words. Too much detail might affect the interpretation of the will and should be avoided. Generally assumptions should not be made by the testator that other people will know or understand what is meant if the wording is not precise. The law gives effect to what is actually said in a will.
ADVANTAGES OF MAKING A WILL
Majority of people die without having made a Will for various reasons. The reasons include superstition and people are reluctant to contemplate their own death, the belief that you have no property to dispose in the will and therefore one finds it pointless to make a will, plain ignorance about possibilities open to people plays its part.
ADVANTAGES
1. Making a will avoids squabbles or conflicts between dependants over the property a testator in the document makes it clear about who should get what in the will. When a person dies intestate the dependants are likely to fight over prime property.
2. The making of a will avoids the rules of intestacy – the intestacy provisions will ensure that the next of kin benefits from the estate but the shares that the respective next of kin receive are arbitrary and therefore unsuitable in the circumstances mainly because it is not the owner of the estate making the decision about who gets what in the Estate, sometimes the executor is a public trustee who is not privy to the structure of that family and the special needs of the members of that family. The testator if mother/father knows which of the children are likely to take good care of the property, which ones need more because they have no property of their own etc. close related to this is the fact that under a will a person can benefit persons outside the family circle. Persons who are not blood relative cannot benefit if a person dies intestate. Similarly a will can be used to benefit charities.
3. The making of a Will enables the testator to maintain control over property. This is especially important for a person with a spouse and children. The most effective way of making sure that property passes on to the children is by creating a trust for the children through a will so that a husband does not have complete control. After the death of a wife, if she dies intestate the property is taken over by the husband and may not benefit the children after the husband remarries. The most effective way of making sure that the husband does not have complete control is by making a will and giving the husband a life interest over the property that later on passes to the children.
4. It entitles a testator to appoint personal representatives of his own choice to administer his Estate. A person who dies intestate has no chance to appoint personal representatives, these are appointed by the State and they might not have the testator’s interests at heart.
5. Administrators appointed by the court in the case of intestacy derive their authority from the grant of letters while the executors appointed under the will derive the authority from the will itself and not from the grant of probate. The grant of probate merely confirms their appointment. Executors can immediately following the death of the testator commence the administration of the Estate. They do not have to wait for grant of probate. They can take up their duties immediately because they derive their authority from the will. There is usually some delay in obtaining the grant of letters of administration because one has to first go to court. one can obtain a limited grant in a month and a full grant in 6 months. This delay means that the Estate of an intestate cannot be administered until the Grant is given and the dependants of an intestate are therefore exposed into hardships or inconvenience. A further aspect is that it is possible to give many useful and desirable powers of administration to executors under the will that is over and above the powers given to one under the provisions of the Act.
6. A will enables a parent who has minor children to appoint a guardian or guardians to take parental responsibility for the children should the testator die while the children are minors.
7. The disposal of the dead person’s body – the will may be used to give instructions regarding disposal in terms of the precise methods the testator wants it disposed. Such provisions or directions have no binding legal effect as the law recognizes no property in the body of a human being. Since there is no property in a dead body it means that a testator cannot by will dispose of his dead body. The directions amount to a mere request to the executors to comply with the wishes of the testators and the directions can be disregarded and the body disposed off in other ways other than those disposed off by the deceased.
8. The Making of the will enables the testator to make a disclosure of all the properties that they own or that they possess. This is not possible during intestacy because one has no chance to disclose to his family what they own in their lifetime. During intestacy a lot of properties are lost because no one among the family knows about their existence.
PROPERTY PASSING BY DEATH OTHER THAN BY WILL
There are 3 ways of passing property upon death other than by making a will
1. Principle of survivorship;
2. Under a nomination;
3. Donatio Mortis Causa or making a gift in contemplation of death.
Principle of survivorship
Survivorship applies in cases of joint tenancies i.e. where property is jointly owned, where a co-owner of a property is a beneficial joint tenant of the property, their interests will automatically pass to the surviving joint tenant or tenants on their death by virtue of the principle of survivorship otherwise known as the principle of jus accrescendi. Upon the demise of one of the tenant, that tenant’s interest merges with that of the surviving tenant. There is a merger of interest. For example where a matrimonial home is owned by husband and wife as joint tenants and husband predeceases the wife the house will pass to the wife by reason of her survivorship, the husband’s interests would merge with that of the wife. The principle of survivorship operates to remove jointly owned property from the operations of the law of succession so that upon the death of a spouse who jointly owns property with the other spouse their interests unite and the property passes to the surviving spouse. This means that the property does not form part of the deceased’s spouse’s estate and it cannot therefore pass without that deceased spouse’s will.
Contrast this principle with the operation of the principle of tenancy in common. The interests of common tenants are clear and distinct, they are not united. In the event of the death of one tenant there is no merger or union of interest and this means that the beneficial share of a common tenant who is deceased can pass by will. In other words the principle of tenancy in common does not remove property from the ambit of the Law of Succession, its only joint tenancies that are excluded from the operation of the law of succession.
The Act at Section 43 lays down the law for determining survivorship in the event of two or more persons dying simultaneously. This is relevant in terms of determining ownership in the case of a joint tenancy. The law requires that it shall be presumed that the younger person survives the older person and therefore the interest of the older persons merges with that of the younger persons and the interests of the older should form part of the property of the younger person. In case of spouses death it shall be presumed that they died simultaneously.
This question of joint ownership is dealt with under Cap 300 S 101 of the RLA states that in an instrument made in favour of two or more persons the registration should show whether such persons are joint proprietors or proprietors in common i.e. where two or more people are being registered as joint owners the instruments should indicate whether they are joint tenants or tenants in common.
Under Section 102 (1) where land lease etc is owned jointly no proprietor is entitled to any separate shares in the land and consequently a disposition may be made only by all the joint proprietors, one proprietor cannot sell the interest because they are united. On the death of a joint his interests shall vest in the surviving proprietors if more than one jointly.
The ITPA does not make a reference to joint tenancies but sections 44, 45 and 46 deal with comparable situations.
Nomination: A Nomination is a direction by a person called a nominator to another person who is holding investments on their behalf, to pay the funds or the investment on the nominator’s death to a 3rd Party the Nominee nominated by the nominator during the nominator’s lifetime. The direction is made in the nominator’s lifetime but like a Will the gift only takes effect after the death of the nominator. Nomination operates under the rules of a particular scheme and although a nomination disposes off property upon death it does not comply with the requirements or the formalities of the Law of Succession Act. The property the subject of a nomination does not form part of the nominator’s Estate, it cannot therefore pass under a Will. It does not therefore vest in the personal representatives of the deceased as it does not form part of the nominator’s estate and therefore nomination like survivorship removes the nominated property from the operation of the law of succession neither can such property be dealt with under the laws of intestacy, it is outside the Law of Succession. As a consequence the payer i.e. person holding the investment does not require a grant of probate or letters of administration before paying or before releasing the funds to the nominee. The direction is to pay on death and therefore the payer will want to see the Nominator’s death certificate before making the payment. Just like in the case of a Will the Nominee does not have any interest in the nominated funds during the lifetime of the nominator therefore the nominator is free to deal with the property during his lifetime.
A nomination may be revoked by the following methods:
1. By a later nomination i.e. a subsequent nomination revokes the first;
2. By the subsequent marriage of the nominator this is to give the nominator the opportunity to provide for the spouse in the subsequent marriage.
3. By the death of the nominee prior to the death of the nominator i.e. where the nominee predeceases the nominator and because the nomination operates outside the law of succession it cannot be revoked by a subsequent will or codicil. In Kenya nominations are made mainly with respect to savings and investments in cooperative societies and in provident or pension schemes. Members of a cooperative society are normally asked to nominate a person who is to benefit from the shares in case of death. The Cooperative Societies Act 1997 Act No. 12 of 1997 provides at Section 39(1) that on the death of a member a cooperative society may transfer the share or interest of the deceased member to a person nominated in accordance with the Act or if no person has been nominated two such persons as may appear to be the personal representatives of the deceased member. Sometime the scheme may require one to name a beneficiary or next kin, if the scheme requires one to name the next of kin, that will be a nomination i.e. the person named as the nominee does not require the letters of administration to access the funds.
TESTATE SUCCESSION
Testate succession occurs where a person desires of retaining control over his property after death makes arrangements to ensure that upon his death the property passes to persons or a person of his choice. These arrangements are made through a valid will whether oral or written. Contrast this with intestate succession where there are no such arrangements. The deceased in the event of intestate would have no control over the ultimate destination of his property, the testator has the freedom to decide who should benefit from his property unlike in the intestate.
The word Will refers to all that a person wishes to happen after their death with respect to property. A will may therefore be defined as a record of the deceased person’s wishes and intentions pertaining to the devolution of his property upon his death. A Will please note being a testamentary document i.e. a document meant to take effect upon death has no legal effect until the maker dies. While the testator is alive a Will does not limit his rights of ownership nor confer any benefits to anyone. Before the testator’s death the Will is a mere declaration of intention with no legal effect whatsoever.
There are five essential characteristics of a Will namely:
1. The wishes expressed are intended to take effect upon death i.e. the document must be clear that the wishes are intended to take effect after death, if not clear and if the document does not express that the wishes should take effect upon death then it is not a Will. Even if the document itself is described as a Will, the same would not be deemed to be a will as long as the wishes therein are not expected to take effect upon death. If the provisions of the document are to take effect sometime before the death of the maker then the document is not a will.
2. The Will only takes effect on death beneficiaries under the Will therefore do not acquire benefits before the testator’s death. If a beneficiary dies before the testator, the gift lapses because the beneficiary will not have acquired an interest in the property
3. A will only operate as a declaration of intention and therefore the execution of a Will does not affect the way in which the testator deals with his property during his/her lifetime. He/she is free to dispose off the property given in any way. The execution is not a fetter to the testator’s freedom to deal with the property. In any case the testator cannot be certain that a beneficiary will receive a particular asset which is given to them by will. The testator cannot be sure as to whether a beneficiary will receive the asset given to him/her by the way. There is no guarantee that the gift given to one under the will is what they will get. Settlement of debts takes priority of the distribution of the Estate to the beneficiaries. Personal representatives are under a duty under Section 83 of the Law of Succession Act to settle all the debts and liabilities of the deceased and these take priority over distribution. Very often the testator will not give directions and the will is usually silent on debts and liabilities, it is left to the administrator to settle debts. Section 79 of the Act vests the property of the deceased in the personal representative. Section 82 of the Act gives personal representatives a general power of sale and it is possible that if the debts of the estate are large, the gifts may be absorbed in the payment of debts. Indeed where liabilities are larger than assets the beneficiaries may end up getting nothing.
4. A will is always revocable and it is always revocable because it is a mere declaration of intention and also since it is only effected after death, the maker can always revoke it before death and it is revocable even where the will itself says it is not revocable.
5. This characteristic is not common to all wills or testaments, A will is ambulatory which means it is capable of dealing with property which is acquired after the date of the execution of the Will. This depends on the wording of the will itself. If a person executes a will in 1967 containing a clause or provision to the effect that all the testator’s land was to pass to a particular beneficiary, any property gotten after 1967 will be covered by that clause.
The law of succession deals with property and therefore it is chiefly concerned with disposing of property which is its chief function but it can be used for other purposes and incidental matters such as
(a) appointment of persons to administer the estate of the testator, appointment of executors – a testator does not have to appoint executors and a will which does not appoint executor is not invalid;
(b) It can be used for appointment of trustees to administer a trust set up under a Will;
(c) It can used for the appointment of guardians for the children of the testators who are minors at the time or at the date of the testators death. This is usually considered necessary where the testator is a single parent;
(d) It can be used for making directions as to liabilities of taxes and settlement of debts and liabilities. This gives the testator the opportunity to disclose debts that may not be known by members of the family. This also helps the family especially where liabilities exceed the assets;
(e) It may be used for giving directions as to the manner of the disposal of the deceased body, the deceased may want to be buried at Langata instead of being transported upcountry or directions as to where the deceased wants to have his body disposed off. There is no property in a dead body and therefore directions concerning the dead body can be disregarded by the executor.
Note that in a will the testator should avoid expressing emotion such as love, hate, gratitude, despair or any feelings about in general, the reason for this is that upon the testator’s death the will is made public or read to the members of the family and it is accessible to members of the public and for this reason the testator should guard against his private feelings and thoughts as this is likely to embarrass the family. The wishes should be expressed simply and clearly without any trace of ambiguity. Serious ambiguity can lead to the will being challenged on the grounds of uncertainty. Therefore the testator should express himself clearly in the document. The testator is not obliged to offer any explanation or apology to the manner in which they dispose off their property. Indeed the testator should avoid using too many words. Too much detail might affect the interpretation of the will and should be avoided. Generally assumptions should not be made by the testator that other people will know or understand what is meant if the wording is not precise. The law gives effect to what is actually said in a will.
ADVANTAGES OF MAKING A WILL
Majority of people die without having made a Will for various reasons. The reasons include superstition and people are reluctant to contemplate their own death, the belief that you have no property to dispose in the will and therefore one finds it pointless to make a will, plain ignorance about possibilities open to people plays its part.
ADVANTAGES
1. Making a will avoids squabbles or conflicts between dependants over the property a testator in the document makes it clear about who should get what in the will. When a person dies intestate the dependants are likely to fight over prime property.
2. The making of a will avoids the rules of intestacy – the intestacy provisions will ensure that the next of kin benefits from the estate but the shares that the respective next of kin receive are arbitrary and therefore unsuitable in the circumstances mainly because it is not the owner of the estate making the decision about who gets what in the Estate, sometimes the executor is a public trustee who is not privy to the structure of that family and the special needs of the members of that family. The testator if mother/father knows which of the children are likely to take good care of the property, which ones need more because they have no property of their own etc. close related to this is the fact that under a will a person can benefit persons outside the family circle. Persons who are not blood relative cannot benefit if a person dies intestate. Similarly a will can be used to benefit charities.
3. The making of a Will enables the testator to maintain control over property. This is especially important for a person with a spouse and children. The most effective way of making sure that property passes on to the children is by creating a trust for the children through a will so that a husband does not have complete control. After the death of a wife, if she dies intestate the property is taken over by the husband and may not benefit the children after the husband remarries. The most effective way of making sure that the husband does not have complete control is by making a will and giving the husband a life interest over the property that later on passes to the children.
4. It entitles a testator to appoint personal representatives of his own choice to administer his Estate. A person who dies intestate has no chance to appoint personal representatives, these are appointed by the State and they might not have the testator’s interests at heart.
5. Administrators appointed by the court in the case of intestacy derive their authority from the grant of letters while the executors appointed under the will derive the authority from the will itself and not from the grant of probate. The grant of probate merely confirms their appointment. Executors can immediately following the death of the testator commence the administration of the Estate. They do not have to wait for grant of probate. They can take up their duties immediately because they derive their authority from the will. There is usually some delay in obtaining the grant of letters of administration because one has to first go to court. one can obtain a limited grant in a month and a full grant in 6 months. This delay means that the Estate of an intestate cannot be administered until the Grant is given and the dependants of an intestate are therefore exposed into hardships or inconvenience. A further aspect is that it is possible to give many useful and desirable powers of administration to executors under the will that is over and above the powers given to one under the provisions of the Act.
6. A will enables a parent who has minor children to appoint a guardian or guardians to take parental responsibility for the children should the testator die while the children are minors.
7. The disposal of the dead person’s body – the will may be used to give instructions regarding disposal in terms of the precise methods the testator wants it disposed. Such provisions or directions have no binding legal effect as the law recognizes no property in the body of a human being. Since there is no property in a dead body it means that a testator cannot by will dispose of his dead body. The directions amount to a mere request to the executors to comply with the wishes of the testators and the directions can be disregarded and the body disposed off in other ways other than those disposed off by the deceased.
8. The Making of the will enables the testator to make a disclosure of all the properties that they own or that they possess. This is not possible during intestacy because one has no chance to disclose to his family what they own in their lifetime. During intestacy a lot of properties are lost because no one among the family knows about their existence.
PROPERTY PASSING BY DEATH OTHER THAN BY WILL
There are 3 ways of passing property upon death other than by making a will
1. Principle of survivorship;
2. Under a nomination;
3. Donatio Mortis Causa or making a gift in contemplation of death.
Principle of survivorship
Survivorship applies in cases of joint tenancies i.e. where property is jointly owned, where a co-owner of a property is a beneficial joint tenant of the property, their interests will automatically pass to the surviving joint tenant or tenants on their death by virtue of the principle of survivorship otherwise known as the principle of jus accrescendi. Upon the demise of one of the tenant, that tenant’s interest merges with that of the surviving tenant. There is a merger of interest. For example where a matrimonial home is owned by husband and wife as joint tenants and husband predeceases the wife the house will pass to the wife by reason of her survivorship, the husband’s interests would merge with that of the wife. The principle of survivorship operates to remove jointly owned property from the operations of the law of succession so that upon the death of a spouse who jointly owns property with the other spouse their interests unite and the property passes to the surviving spouse. This means that the property does not form part of the deceased’s spouse’s estate and it cannot therefore pass without that deceased spouse’s will.
Contrast this principle with the operation of the principle of tenancy in common. The interests of common tenants are clear and distinct, they are not united. In the event of the death of one tenant there is no merger or union of interest and this means that the beneficial share of a common tenant who is deceased can pass by will. In other words the principle of tenancy in common does not remove property from the ambit of the Law of Succession, its only joint tenancies that are excluded from the operation of the law of succession.
The Act at Section 43 lays down the law for determining survivorship in the event of two or more persons dying simultaneously. This is relevant in terms of determining ownership in the case of a joint tenancy. The law requires that it shall be presumed that the younger person survives the older person and therefore the interest of the older persons merges with that of the younger persons and the interests of the older should form part of the property of the younger person. In case of spouses death it shall be presumed that they died simultaneously.
This question of joint ownership is dealt with under Cap 300 S 101 of the RLA states that in an instrument made in favour of two or more persons the registration should show whether such persons are joint proprietors or proprietors in common i.e. where two or more people are being registered as joint owners the instruments should indicate whether they are joint tenants or tenants in common.
Under Section 102 (1) where land lease etc is owned jointly no proprietor is entitled to any separate shares in the land and consequently a disposition may be made only by all the joint proprietors, one proprietor cannot sell the interest because they are united. On the death of a joint his interests shall vest in the surviving proprietors if more than one jointly.
The ITPA does not make a reference to joint tenancies but sections 44, 45 and 46 deal with comparable situations.
Nomination: A Nomination is a direction by a person called a nominator to another person who is holding investments on their behalf, to pay the funds or the investment on the nominator’s death to a 3rd Party the Nominee nominated by the nominator during the nominator’s lifetime. The direction is made in the nominator’s lifetime but like a Will the gift only takes effect after the death of the nominator. Nomination operates under the rules of a particular scheme and although a nomination disposes off property upon death it does not comply with the requirements or the formalities of the Law of Succession Act. The property the subject of a nomination does not form part of the nominator’s Estate, it cannot therefore pass under a Will. It does not therefore vest in the personal representatives of the deceased as it does not form part of the nominator’s estate and therefore nomination like survivorship removes the nominated property from the operation of the law of succession neither can such property be dealt with under the laws of intestacy, it is outside the Law of Succession. As a consequence the payer i.e. person holding the investment does not require a grant of probate or letters of administration before paying or before releasing the funds to the nominee. The direction is to pay on death and therefore the payer will want to see the Nominator’s death certificate before making the payment. Just like in the case of a Will the Nominee does not have any interest in the nominated funds during the lifetime of the nominator therefore the nominator is free to deal with the property during his lifetime.
A nomination may be revoked by the following methods:
1. By a later nomination i.e. a subsequent nomination revokes the first;
2. By the subsequent marriage of the nominator this is to give the nominator the opportunity to provide for the spouse in the subsequent marriage.
3. By the death of the nominee prior to the death of the nominator i.e. where the nominee predeceases the nominator and because the nomination operates outside the law of succession it cannot be revoked by a subsequent will or codicil. In Kenya nominations are made mainly with respect to savings and investments in cooperative societies and in provident or pension schemes. Members of a cooperative society are normally asked to nominate a person who is to benefit from the shares in case of death. The Cooperative Societies Act 1997 Act No. 12 of 1997 provides at Section 39(1) that on the death of a member a cooperative society may transfer the share or interest of the deceased member to a person nominated in accordance with the Act or if no person has been nominated two such persons as may appear to be the personal representatives of the deceased member. Sometime the scheme may require one to name a beneficiary or next kin, if the scheme requires one to name the next of kin, that will be a nomination i.e. the person named as the nominee does not require the letters of administration to access the funds.
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