Next of Kin

[netty.m]

My partner and I have never married. We have 2 boys, age 3 and 1. Who is my partners next of kin. Is it his dad or my eldest son. Or has the law changed and do I have any rights etc.

[mimififi]

I think you would come under the 'common law' law so thereby would have most rights that a wife would However, I'm not an actual solicitor so am not absolutely sure.

If you are at all worried, then you could just make sure that you both have very good wills in the event of something terrible happening. If however, your partner was sick, you would just write your name on the form as next of Kin at the hospital.....

Hope that helps. You could go see a solicitor and ask them, or the CAB might be able to help too,

[Mrs_Pegasus]

This will tell you everything you need to know

http://www.advicenow.org.uk/fileLibrary/pdf/Next_of_Kin0 02.pdf

[gary baldy]

I would say you were. Your rights are limited but you do have some - not entirely sure what they are though.
why? are you thinking of bumping him off?

[kempie]

Firstly, the term 'statutory next of kin' is only really applicable when somebody dies intestate. So provided you both have Wills which establish your wishes after death no problem should arise.

To answer a point made by mimififi, the UK Rules of Intestacy do not recognise the term "common law" partner, so if there is no Will an unmarried partner falls way down in the pecking order.

(To see how far down click here)

The pamphlet produced by advicenow.org in the link by Mrs_Pegasus claims that 'next of kin' is not defined in law. This may be true in terms of medical emergencies however, the Crown is very concerned with 'statutory next of kin' within the Rules of Intestacy.

[woofgang]

while "next of Kin" may not have a medical meaning, It can cause problems in hospital if your partner could not express his own wishes and had not made clear HIMSELF who he wanted consulted.

You do get circs where a partner will express a view and a sibling or parent will express a different view, basically, the doctor, who doesn't know ANY of you, will need to decide who to consult and whose views to take into account.

Also there may be issues with your children in the same circs if you partner is not registered as their father on the birth cert

[mycatis]

Can I just say there is actually no such thing as "common law" wife/husband. It is a myth