Good morning, friends

First and foremost, I want to state that today's legal gist concerns civil servants most.So, they should take time to read this message.

Recently, in Nigeria, an employee of a federal institution died without a will and is survived by two wives and six children.Before his demise, he had appointed his son, one of the children of the second wife, not being the eldest child, as his next-of-kin on record with his pension fund administrator.The deceased had also chosen his eldest child, being one of the children of his first wife, as his next-of-kin on record with his employee (the federal institution where he was serving).

Since the man died without making a will, his personal representatives must obtain letters of administration before they can collect his entitlements from  the government. The deceased's final entitlements are to be paid by a federal government commission through his pension fund administrator. The dilemma the deceased's family is facing now is who should apply for letters of administration.Is it the child the deceased appointed as his next-of-kin with his pension fund administrator or the one he appointed as his next- of -kin with his employee( the federal institution)?

It should be noted that in the new pension regime in Nigeria all the final entitlements of a deceased employee  are paid by the National Pension Commission ( a federal government agency) through his pension fund administrator.For the purpose of the payment of the deceased's terminal benefits by the National Pension Commission (PenCom) through a deceased employee's pension fund administrator, the only person that can be recognised as the deceased's next-of-kin is the person appointed to be so as on record with his pension fund administrator.No more, no less.In other words, it is only the deceased's next-of-kin with his pension fund administrator that can be paid all the deceased's terminal benefits as his personal representative though other beneficiaries of the deceased can be joined with the next-of-kin in the process.

Thus, in the instant scenario, the best option is for the two children of the deceased appointed as the deceased's next-of-kins in two different instances as above to come together and apply for letters of administration to collect their late father's entitlements as co-applicants.By this approach, they will be able to claim and collect their deceased father's final entitlements from the PenCom through his pension fund administrator and other outstanding allowances directly from his employer (the federal institution where he served).

Thank you for your attention.

 Have a blissful weekend and conduct yourself well at the polls.