Quizzes & Puzzles1 min ago
next of kin
As the eldest of 7 siblings would I be classed as the main next of kin to my parents in the event of thier death or following another therad if we had to argue with social services
regards dave G
regards dave G
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(2-part post):
'Next of kin' has very little meaning in law. You can actually nominate anyone you like (including a total stranger who you've never met) to be your 'next of kin' for most purposes.
If your parents have written wills, the executors of their estates will be named in those wills. There is no reason why the executors should be related to your parents and (unless you or your siblings are legally dependants of your parents) there's no reason why you should be among the beneficiaries of the wills. (My will names five beneficiaries, two of whom are also named as executors. None of them are related to me).
If your parents don't leave wills, someone will have to apply for 'letters of administration' to distribute their estates. There is a 'pecking order' defined by law. When the first partner dies, their spouse heads the list of people entitled to apply for letters of administration. (If the estate is worth less than a certain amount, which I believe is currently �125,000, it passes automatically to the spouse anyway). When the surviving partner dies, their children head the list of people entitled to apply for letters of administration but the oldest child is treated in just the same way as the youngest. (Any one of the seven children can apply for letters of administration, or a group of you can do it together).
'Next of kin' has very little meaning in law. You can actually nominate anyone you like (including a total stranger who you've never met) to be your 'next of kin' for most purposes.
If your parents have written wills, the executors of their estates will be named in those wills. There is no reason why the executors should be related to your parents and (unless you or your siblings are legally dependants of your parents) there's no reason why you should be among the beneficiaries of the wills. (My will names five beneficiaries, two of whom are also named as executors. None of them are related to me).
If your parents don't leave wills, someone will have to apply for 'letters of administration' to distribute their estates. There is a 'pecking order' defined by law. When the first partner dies, their spouse heads the list of people entitled to apply for letters of administration. (If the estate is worth less than a certain amount, which I believe is currently �125,000, it passes automatically to the spouse anyway). When the surviving partner dies, their children head the list of people entitled to apply for letters of administration but the oldest child is treated in just the same way as the youngest. (Any one of the seven children can apply for letters of administration, or a group of you can do it together).
Nobody is ever obliged to arrange a funeral for anyone else. If nobody agrees to do so, the local council must make the funeral arrangements but can seek to get the cost refunded from the estate of the deceased person. (That's not the same as getting the relatives to pay, since the relatives might not be beneficiaries of the estate, or the estate might not be big enough to pay the full costs anyway - in which case the council must foot the bill).
If your family does agree to arrange the funeral(s), there's no reason why you (as the eldest) should be called upon to do so. It's entirely up to you (collectively) to decide who does what. Similarly, if 'Social Services' need to seek 'next of kin', for some purpose, you and your siblings hold equal status in this respect.
Chris
If your family does agree to arrange the funeral(s), there's no reason why you (as the eldest) should be called upon to do so. It's entirely up to you (collectively) to decide who does what. Similarly, if 'Social Services' need to seek 'next of kin', for some purpose, you and your siblings hold equal status in this respect.
Chris
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