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Next Of Kin

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jaycee401 | 10:08 Fri 20th Mar 2015 | Law
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My friends 86 yr old widowed mum who has 6 adult children who are always at war with each other has sadly been diagnosed with inoperable stomach cancer. The adults are arguing as to who is mums legal next of kin. She hasnt made a will and there is no property to leave just a few thousand in bank. The mum has recently given the elder some about £10k but my friend thinks this is in a joint account with son and mum. Now the eldest daughter has reared her head and says as she is the eldest she is next of kin. My friend can see alsorts of issues arising when mum dies.

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could she not make a will ?
Next of kin means nothing. You can name anyone as next of kin. Next of kin is just someone who they contact should they need to.
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She's too poorly to make a will. As shes in hospital i presume she would have had to given a NOK name which my friend thinks would be the middle son as hes the one who lives near her. What can my friend do to make sure her mums possessions are dealt with fairly?
She should make a will....
but you will later realise she has actively decided not to

so the in-fighting doesnt occur in her life time but afterwards
some hope.

and so you are sucked into what should have been settled by will
but hasnt been ( on purpose ) and I would leave them to it quite honestly

OK - nok is irrelevant

the rules of intestacy are will known in England
and they are here

https://www.gov.uk/after-a-death/overview

and you will see that any of the six can apply for letters of administration
and that the estate is divided by six equally

If the money [1ok] is in a jt account then the lucky joint holder gets it all.
If the money has been PUT into a joint account then half is the mum's and should be paid back - BUT he could successfully plead that the mum gave it to him as she wanted/intended him to have it

and finally any of the six can demand from the administrator who ever they be- estate accounts at the very end

Your fren' is trying to get you to weigh in on her side and I would resist all invitations, to be honest....

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