Who is your next kin? Do you have one or several?

Every time you are buying an asset or opening a bank account you are usually given a form to fill in your details and those of your next of kin.

Who is a next of kin?

In basic terms, this is someone close to you and you share a relationship by blood or friendship of association. It is someone you would be comfortable with if they take over your valued items to manage them

When it comes to land transfer you also need to have next of kin details. In most cases, you give a National identity number, address and their phones numbers.

How do you choose a next of kin in land transfer?

The choice of a next of kin is solely dependent on you as a person. No one can coerce you to choose a specific person. In case you need help, a good lawyer can offer professional advice on this.

However, it is advisable that you choose someone you can entrust and transfer can be done in his/her favor.

Disclosure of the next of kin details

It is unethical for anyone for a third party to disclose your next of kin details. Therefore, it is your responsibility as a person to disclose such details at your own volution

How often should you update your next of kin details in land transfer?

Depending on your interest, you can update it as often as you wish. You can keep checking the details and updating their phone numbers and addresses. Additionally, it is important to note that you can change your next of kin details as you wish.

Pros of having next of kin in land transfer

a) Ensures your valuable investment is protected in your absence.

Sometimes back in 2018, the Kenyan government announced plans to nationalize thousands of acres of land in the Coastal. This means that the land will become public property and seize to be private property.

This is because the landlords have failed to identify themselves and prove ownership. The National Land Commission will go ahead with the process without objections.

Imagine if the owners have next of kin who are aware of such properties? Maybe they would even be residing here.

This means that anytime you buy an asset such as land always disclose it to someone you can trust. Further, include their contact details such that someone can contact them in your absence.

In case you own a property secretly and no one knows, the land could in the future be nationalized because your family members may never know you owned a piece of property somewhere. Make a decision today and inform someone about an asset you own somewhere.

b) A next of kin can help make a life saving decision

Life is unpredictable and sometimes sickness can come and you are unable to make decisions. In such cases, and investment you had can come in handy. These can be in situations of sickness, raising school fees, settling court cases, etc.

Unfortunately, no one can decide to sell a property they are not aware you have even when you are critically ill to communicate about your wealth.

c) Useful in determining inheritance rights

Death is inevitable and sometimes you can die without a will. This usually brings wrangles and court cases amongst relatives.

Should this unfortunate thing happen, a next of kin can seamlessly manage the property for you. This greatly helps in reducing court cases related to the distribution of wealth among family members in case the owner dies.

d) Ensures full utilization of land

Land is a scarce resource. Often, you will find vacant land without anyone to manage it. When your next of kin is aware of land you own they may decide to invest in agriculture or construction without worry. However, in case they are not aware of such land it is left bare for many years. This neither benefits the owner or their close relatives.

Cons of having next of kin

Sometimes, some people can be malicious and may end up killing you to take over the land. However, if it is proven that someone killed to inherit a property they will serve a jail term.

Does next of kin get everything after land transfer?

In most cases, the next of kin take over all the properties. This happens when the owner dies without a will. Therefore, ensure you have someone you trust as your next of kin.

Can lack of next of kin make land be categorized as an unclaimed asset?

The simple answer is yes. Before we discuss further, let us first understand what an unclaimed asset is.

An unclaimed asset is an item that no one is claiming ownership of. Also, it can be an item given to an authority called Unclaimed Financial Authority by someone else because the owner is not known.

There are a number of items that fall under this category. They include;

  • Bank accounts that are not operational
  • Dividends from Saccos that have not been collected
  • Retirement benefits that no one has laid claim
  • Insurance benefits
  • Prize that was won an not collected for example; in games etc
  • Land that has no known owner

Our focus today will be on land. There are large tracts of land lying idle in the country, thousands of properties remain unclaimed. There is a great probability that the buyer is not alive and no one in the family knows about the property. This is because there are no next of kin details or contacts.

Until now, the majority of Kenyans do not take the next of kin slot seriously when buying land. You will find people leaving the slot blank. They assume that as long as they have a title deed, the rest of the details do not matter.

In conclusion, always ensure you fill in next of kins details which include the name, ID number, phone number and physical addresses.