Who Is Next If Kin?

[Barsel]

My cousin was married for quite a while and had 2 children. things didn't work out, so they got divorced. Some time later, they got back together although they decided not to marry again. They lived together until his death last month. My cousin thinks she is still next of kin, but her eldest child thinks that she is. They need to know because of some of the forms they are having to fill in about his pension etc. Who is legally the next of kin? Many thanks.

[hereIam]

The divorce would rule out her being next of kin, his eldest child is. I divorced my husband many years ago and would definitely not call myself his next of kin ...

[hc4361]

There is no legal definition of next of kin - it is whoever you choose it be.

[hereIam]

That's news to me ...

[Mamyalynne]

hc is right.

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

[hereIam]

Oh jolly good !

[mikey4444]

hereiam has it right. If your cousin didn't remarry her husband, than she is nowhere in the calculations. I doubt that her ex-husband made a Will, as most don't bother. So the law of inheritance says that his oldest child is now next-of-kin.

If that eldest child is a minor, than the Court will need to appoint somebody to act on her behalf.

That may, of course, end up as your cousin

[hereIam]

Apparently not mikey.

[mikey4444]

But unless the deceased named a person as his next of kin, the Court will have to decide who will inherit.

[hc4361]

The rules of inheritance where a person died without a Will is different to the general meaning of next of kin.

[Barsel]

It's been very difficult because although they were divorced, they lived together again as man and wife without marrying again.Their eldest child is about 50yrs old and she has told my cousin that she won't be entitled to any of his private pension or make claims on his money and as Mikey said,he didn't leave a will. So my cousin is finding it very difficult to get answers to her questions.

[hc4361]

So this is for the purpose on intestacy and not arranging his affairs.

Are you sure he didn't name a beneficiary on his pension? That is the usual thing to do.

The Rules of Intestacy means that his two children inherit equally. If he and your cousin own a house it is dependent on how the house is owned, as joint tenants or tenants in common.

[hc4361]

Explained very well here:
https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

[mikey4444]

In other words, the Court or Probate Registry will have to decide who will be appointed to administer the estate of the dead person. That will result in Letters of Administration, which should then result in a Grant of Representation.

Without that piece of paper, most financial organisations will not release any funds held by the deceased.

There is a good lesson to be learnt here......make a Will !

[mikey4444]

HC has it right.

[Barsel]

Absolutely mikey. It's something I keep saying I will do but never get round too. It certainly is a complicated issue and I'm not sure that I understand it even if I read about it, but thanks to all for your answers and links.x

[hc4361]

Hope it goes well for your cousin, especially if they owned a house between them.

[ubasses]

This might help alongside HC's link.
http://www.willwriters.com/wp-content/uploads/2016/05/SWW-Intestacy-flow-chart-2014.pdf.

[Buenchico]

There seems to be some confusion here between 'next of kin' (as a general term) and the specific rights which apply when someone dies without leaving a will. I'll try to provide some clarification:

If a person dies without leaving a will there are strict laws which clearly define who will inherit their estate. They're shown in this flowchart:
https://www.wrighthassall.co.uk/media/article/attachments/Intestacy_flowchart_after_1.10.14_5_Aug_14.pdf

There are also rules defining a 'pecking order' of who is entitled to seek 'letters of administration', entitling them to distribute their deceased person's estate,. The order is as follows:
the deceased’s spouse or civil partner ;
the deceased’s children ;
the deceased’s parents ;
the deceased’s brothers and sisters 'of the full blood'.

So, in the circumstances described in your question, it's ANY child of your cousin (or two or more of his children jointly) who can seek a 'grant of representation' (in the form of 'letters of administration') if he died intestate. (It's NOT just the eldest child). However if he left a will then it's the EXECUTORS of that will who must seek the 'grant of representation' (in the form of 'probate')

However 'next of kin' has little, or no, meaning elsewhere. If someone goes into hospital for an operation they can nominate whomever they like as 'next of kin' on the forms. When someone dies there is no 'next of kin' rule about who should organise their funeral. (Indeed, there's absolutely no obligation upon anyone to organise the funeral. If everyone refuses, the local authority must do so).

At times it might be necessary for doctors (or carers) to work out who has the right to determine the type of care given to a person, thus forcing them into deciding who counts as 'next of kin' for such purpose. However there are no strict rules and, unless a court is asked to provide a ruling, it's entirely down to 'common sense'.

[Barsel]

Thanks Chris, I will print that to show my cousin. Thanks again to you all.x

[Abbymae]

I would think his partner as although there not married they were still together as common law man and wife. And unless there was a will which says otherwise then it would be her. Im only saying that because the same happened with my mom and dad. Hope you get it sorted