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Who is Next of kin??

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mark1411 | 20:49 Sun 02nd Nov 2008 | Family
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My partners ex husband died recently leaving no will.They have 3 daughters (1 of whom is 15) . My question is who is his next of kin his daughters or his parents?

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for all intents and purposes it dosent really matter. If its to do with who arranges the funeral, anyone can do it - dosent have to be NOK. Any estate will pass under intestacy rules so again, nok dosent matter
A lot would depend on if your partner and the deceased were divorced. Sorry got to go - get back to you in a minute.
Mark,
Just checked. If your partner's ex-husband didn't remarry, then his estate will be immediately divided between his children. As you say the eldest is 15, then the estate will be kept in trust in equal shares for each child, until each child reaches the age of 18yrs, or marries before reaching 18. Hope this helps.
However, if the ex-husband did remarry, that's a whole different kettle of fish. If you can clarify the ex-husbands position, I'll try to find out for you.
NOK are his children providing he didn't remarry. Whoever is the childrens legal guardian will have responsibility for the funeral and costs removed from deceased's estate.
even when there are parents still alive, T?
Bednobs,
Even though the children's mother is still alive, but divorced from the deceased, that's that, and the children become the next of kin, and will receive the estate under the intestacy rules. Anyone can register a death, and arrange for a funeral, for example, if the ex-husband hadn't remarried, but had a live-in partner, then that partner could make all the foregoing arrangements, but would not have any entitlement to his estate. But it would be hoped, that in these kind of circumstances, funeral arrangements would be discussed with the ex-wife on behalf of the children.
but the poster hasnt said they are asking about NOK for inheritance purposes. people in life can nominate whoever they like as nok, and it has little or no legal standing, so in effect it dosent really matter who NOK was. The estate will pass under intestacy rules of course, but i find it really strange that a divorced wife will have "responsibility for arranging a funeral" as T suggests
Question Author
Thanks for the answers.To clarify, 3 daughters aged 27,24 and 15 , he did not remarry , my partner divorced him a few years ago. His parents seem to think they are next of kin and have basically being dictating everything.He has a pension,which is being used to pay for is funeral, which is what the girls wanted, they have said they will pass the remainder onto to them, but how will they know that they are getting what is legally theirs and why should it go to them in the first place when its not theirs its is daughters.
I'm not sure if i have done this right as i was struggling to find a way of replying to you all. Again many thanks for your help so far...Mark
-- answer removed --
of course, if the question had been, "who will inherit" then kids are correct, bu q was "who is next of kin"
Benobs,
No the divorced wife doesn't have the right to arrange the funeral. My previous comment, and yours, about who can be next of kin and make arrangements are quite correct.
And as to your other comment, it's in human nature to ask who is the next of kin, in circumstances like this, and it's usually out of concern for the children's inheritance, especially as the children as still very young.
If there are any significant assets then Letters of Administration will have to be applied for from the Probate Office. The daughters are head of the queue to apply - for the parents to do so the daughters would have to formally renounce their rights.



Mark,
The parents have no claim on the deceased's estate, and they will not be able to touch his money, for any purpose.
The division of the monies from his estate, will be decided as I said before under the rules of intestacy. As the daughters are now the beneficiaries, one or both of the older girls should see a solicitor, and apply for 'Letters of Administration". When the court has made a ruling (which the girls do not have to attend), then the two elder girls will receive their share immediately after Probate has been granted, and the 15yr old's share will be placed in trust for her until she is 18yrs old. As you say in your message, he didn't remarry, and his parents are attempting to take over everything, it is imperative that the older girls contact a solicitor as soon as possible. It does seem curious that the parents feel that they can use his pension money to pay for a funeral. Hope this helps.
Hi Bednobs,
What did I say about 'Human Nature', I thought it would be about protecting the children's interests. And by the way you a a wise one!
dzug,
I agree with you, I forgot the bit about the daughter's having to renounce their claim, in order for the parents to apply for the Letters of Administration.
We seem to have some clued up folks on here tonight.
Cheers.
Question Author
Hi Again
Your are all being very helpful and perhaps my question should have been who will inherit, but not being legally minded i assumed that NOK would be those who inherited.So thanks to you all for help...Mark
as a small aside, often company pension schemes have a named beneficiary for death in service benefit, so it might be a different story for an occupational pension. For example, i can name whomsoever i want to administrate and benefit from my death in service benfit and this might have been the case that the parents were named
Question Author
Thats the case in my pension. As far as we know he didn't have a named benificary and he was no longer in service.
Your advice this evening has been very helpful and has pointed my partner in the right direction so hopefully her daughters will get what is rightfully theirs, whatever it maybe....Mark
Mark,
Hope all goes well.
Goodnight.
Question Author
Hi All

To update the situation so far. The 3 daughters decided not to see a solicitor as you suggested. As for his pension, it appears he did name a benificiary and its my partner(his exwife).If she does receieve the monies(as yet we don't know how much) it will be split amongst the 3 daughters, out of it will be the settlement of his debts which i don't believe to a great amount and some part of the funeral costs. My partner has asked me to enquire from you all the following, his parents and brother have appointed their solicitors to deal with things, they were asked why and said its because he had not left a will, Are they correct? as to her its just eats into what little they would be left with and there is no question of his estate being settled by the girls, as to paying for the whole of the funeral that is another matter as they did not agree to all things that were included. So again if you could help with the question as to was they correct in appointing a solicitor as there was no will...Any help in this would be appreciated , i can't guarantee the your advice will be acted on as there a reluctance on 1 of the daughters part to upset her grandparents, but my partner would like to know as she is concerned for the 3 of them and there best interests...

Regards Mark

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