Next of Kin - legally who is it

[xxstephcxx]

I am asking this question on behalf of my parents, my uncle recently died and had nominated his step-daughter as next of kin but the Coroner has called my father and stated that he is next of kin and therefore is now having to deal with the bank insurance companies etc.

My question is this:-
I am the youngest daughter of 3. My 2 elder sisters are from my mum's first marriage but were legally adopted by my father before I was born.
We are aware that if my father were to pass before my mum that my eldest sister would be her next of kin. However the confusion arises when the situation is looked at the other way. If my mum were to pass before my father who would be his next of kin??? My mum is of the understanding that it would in fact be myself as I am his only daughter by blood. I am not sure if this is the case or not but there has been some tension over this with my sisters as to whether this is in fact correct. It's now upsetting my mum and she wants to resolve the issue now before anything were to happen

[joggerjayne]

This is an "old chestnut".

Legally, there is no such concept as "next of kin".

It's a deliberately vague term so that anyone who is loosely connected with a person can claim to be there next of kin,

[joggerjayne]

"their"

[marval]

Well as you are his only blood child, I would say you. I am not an expert though.

[ummmm]

He adopted your sisters so he's legally their father.

My Uncle named me as next of kin. It just means that if anything happened to him I'd be the first person they contacted.

In the eyes of the law it was his siblings that are next of kin meaning they all received a share of any money he had (he didn't leave a will)

You and your sisters are all next of kin to your Mother and Father.

[LoftyLottie]

I believe you can choose your next of kin, but if none has been chosen then it would be you, i.e. either the spouse or the nearest blood relative.

[LoftyLottie]

I agree with ummmm. As far as the law is concerned if someone dies intestate the siblings would be treated as equal as far as inheritence is concerned, but there would be other beneficiaries too.

Not sure about the adoption thing.

The best thing for your mum to do is resolve this with a solicitors help and get a proper will drawn up and name you as next of kin.

[xxstephcxx]

I am not interested in any monetary gain.... although I can't speak on behalf of my sisters. As I said my mum is convinced as the only daughter by blood relation that it would be me..... although I am really not sure how it works....

[marval]

You could go to citizens advice and ask them.

[LoftyLottie]

Steph.

If you put your question in the Law section, you will probably get an absolutely accurate supply. We have some legal experts.

[SoPerplexed]

If I have understood your family tree correctly, you and your two sisters would have equal claim to be your father's 'next of kin' for inheritance purposes. Your father's adoption of your two sisters places them on the same legal footing as you. All three of you would stand to gain equally from your father's estate, unless he states otherwise in a will.

[dzug2]

It depends a bit on for what purpose you want an answer.

From the point of view of the rules of intestacy adopted children are next of kin - they take a share in the estate just as children by blood would.

The Probate Office would expect them to come to an agreement as to which of them (and if it thinks there might be contention it might be more than one) applies for Letters of Administration.

A valid will could nominate any one (or more) of them to be the executor and the money, etc, could be left to any (or none) of them as the maker of the will chose.

[joggerjayne]

The person responsible for the Estate is not the "next of kin" ...

... a legal "non term" which carries as little significance as "common law wife".

So it matters not one jot whom the Uncle "nominated".

The Estate is handled by the person who would, under the Intestacy laws, be the primary residuary beneficiary.

If there is no spouse, or children (step children don't count) or parents, then any surviving siblings are next in line.

I stopped practising Law years ago, but trust me ... the term "next of kin" has no legal significance.

But ... the Coroner is correct to the extent that, from the sound of it, the Father is the person primarily entitled to a Grant of Personal Representation, and therefore responsible for the Estate ...

... unless he renounces his entitlement ... which he can only do if he has not "intermeddled" (ie handled any Estate assets).

[joggerjayne]

... sorry, yes, so as dzug says ...

In the case of the OP, in the absence of a spouse, all children, natural and adopted, would rank equally ... age having no relevance.

[ladybirder]

Scroll down for the UK bit.


http://en.wikipedia.org/wiki/Next_of_kin

[Peter Pedant]

There are qutie a few n-o-k threads down below
and one ref

https://en.wikipedia.org/wiki/Next_of_kin

which I dont think is very good to be honest ( confuses nok with intestacy rules )