Next Of Kin And Inheritance

[jesmond]

If someone is down as a next if kin and is either a brother or sister of the person then would they automatically inherit thats persons estate even if there is no will, tia

[bednobs]

no

[jesmond]

So there would have had to be a will to name a specific person

[ubasses]

Follow this flow chart for the answer.
https://adviser.royallondon.com/globalassets/docs/protection/p9b0080.rules-of-intestacy-england-and-wales.pdf

[ummmm]

No. Next of kin is only the person who is contacted. You can have a few of them.

[ubasses]

Yes is someone wants to leave their Estate to a particular person/people they need to make a Will.

[ubasses]

should read if someone not is.

[NellieMay]

Next of kin doesn't entitle you to anything. In the UK the term next of kin carries no legal rights.

[New Judge]

The term "Next-of-Kin" has no legal standing. As explained, if a person dies without leaving a will the rules of intestacy must be followed. There is a simple tool to establish who inherits here:

https://www.gov.uk/inherits-someone-dies-without-will

[Buenchico]

'Next of kin' has no meaning in law (or certainly not a universal one anyway). If you're going into hospital, for example, you can name anyone as your 'next of kin'; they don't have to be related to you. Such an unrelated person would have no right to any part of your estate if you were to die intestate (i.e. without leaving a will). A related person would only receive part (or all) of your estate if that's what the intestacy rules say should happen anyway. (i.e. being 'down as next of kin' is completely irrelevant).

The flowchart in Ubasses' link explains the law on intestacy or you can use this link:
https://www.gov.uk/inherits-someone-dies-without-will

[jesmond]

Interesting and something i will need to look into as ive heard there was no will left and have checked on gov site and at the moment i cant find one

[woofgang]

what can't you find? the will, the beneficiary, or the website?

[Barmaid]

You will only find a Grant of Representation (whether there was a will or not) on the gov website. If the estate was small or no grant applied for it won't be there.

You could try checking the bona vacantia list (sorry I can't do links) for estates where the treasury solicitor thinks there may be no heirs.

If you post more general details we might be able to help.

[dance2trance]

If the deceased died without a Will then the Estate goes to the Treasury. If the deceased lived in any area which falls to the Duke of Cornwall (HRH Prince of Wales) then it goes to the Duchy. As always with death and money get a solicitor.

[hc4361]

That is absolutely not true, dance2trance. It has already been explained in several posts what happens when somebody dies without leaving a Will.
Only if there are no relatives and no Will does the money go the treasury.

[woofgang]

even if there is no will, the persons details are listed on the Bona Vacantia list and if any entitled person comes forward, they can still claim the estate if there is any. https://www.gov.uk/government/organisations/bona-vacantia