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Kassee | 21:36 Sun 15th Sep 2013 | Law
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My adult son has his own property, and has paid off a substantial amount on his mortgage. He has never been married, has no children. His father and I have been divorced for twenty odd years, and he lived with me, not his father, after the split. I have three other children, who are all his full siblings.

My question is, if he should die without a will, who would be his next of kin and who would his property go to ?
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http://www.colinsnaith.co.uk/wills/intestacy-flowchart/

The above is a flow chart which you can follow and see how it affects each situation.
Try to influence your son to make a will.
If he dies intestate (without a will) it will depend on the size of his estate but the general intestacy law is:
Spouse or civil partner.
Issue (children).
Parents.
Brothers and sisters.
"Next of Kin" has no function in law, Kassee and will certainly not determine who would receive your son's assets in the event of his death. You can nominate anybody as your "next of kin" though why you should choose to do so is not very obvious as it means very little.

The info you have been given should enable you to establish that (if I'm correct and you live in England or Wales) your son's estate would be divided equally between you and your ex. If you're in Scotland and you have other children half his estate will go to you and your ex (shared equally) and the other half to his siblings (in equal shares). Slightly more complex rules exist for Northern Ireland.

If he wants anything else to happen he should make a will.

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