Legally Changing Next of Kin and what rights do they have?

cattkitt

The first question is what rights do the "next of kin" have exactly?

And the second question is if the next of kin and I have totally different views of what I want, is there any way I can disinherit them and nominate someone else who knows what I want in terms of everything, including treatment in the case of mental deterioration, organ donation and what I want done with my estate and dependent animals?

This is a real problem in that the next of kin has already made moves to have get me to give them control of my house. I have absolutely no wish to do so, and it's a bl**dy cheek of them, but it does show how they'd be really miffed and probably quite aggressive to find out that they'd be excluded from my will, so this is a big consideration to make everything watertight.

Of course I will eventually find a solicitor, but I would appreciate talking about it, and find out out things before going off to someone who charges £300 an hour!

devildog

At the end of the day it you haven't made a will next of kin would more than likely inherit and take care of everything else however if you write a will you can detail exactly what your wishes are regarding, estates, pets, organ donation, whether you wish to be treated after mental deterioration etc.
Is there someone who you do trust to do right by your wishes/pets etc? If so you can make them an executor/beneficiary to carry out your wishes.You also do not need to tell next of kin that they have been excluded from your estate, just tell them the name of solicitors holding your will (and a letter to be read after your death detailing exactly why they have been excluded lol you don't have to do that but I would)
There are will writing companies that charge a lot less for this service (did speak to one such company who sounded on the level) but discovered we were entitled to have this done for free.
I am not sure though re the organ donation as it is my understanding that relatives will have the final say despite what a person's wishes may be.
As to treatment with reference to illness, I am pretty sure you can have a 'living will' added to your medical notes stating what your wishes are.
Finally, I guess it depends where abouts you are but I have known people pay approx half of £300 to have a will prepared/signed etc.
However you do it, get it done quickly so that your wishes will be followed.

McKneff

You really would be better seeing a solicitor asap, you could be run over by a bus tomorrow.

Unfortunately, these things happen

Mojisola

If you die without a will, then the people who will inherit can be worked out following this chart -
https://www.hmcourts-service.gov.uk/docs/infoabout/civil/probate/Probate_WhoSurvivedTheDeceased.pdf

See this also for more details - https://www.hmcourts-service.gov.uk/infoabout/civil/probate/why_will.htm#intestacy

If you haven't left a will, the way you want things handled will probably not be considered. Who will know for sure?

In the situation you are in, you really need to make a will, and soon. Provided you are in England or Wales, you can leave what you want to who you want. Relationships don't come into it. You can also set out what you want to be done with your estate and animals. Choose your executors carefully to be sure they will follow your wishes.

It is worth leaving a letter explaining why you have decided not to leave money to someone who might be expecting it. If your reasons are set out clearly, it makes it very difficult for that person to claim you didn't know what you were doing when you made your will or that someone else had put pressure on you to disinherit them. Unfortunately there are people in many families who feel they are "entitled" to someone else's money.

The only problem there is with disinheriting someone is if they are financially dependent on you - they would then be able to challenge your will.

As regards inheriting money, the next-of-kin is legally set out as in the chart mentioned above. For medical "next-of-kin" you can nominate anyone you want. It doesn't even have to be a relative. You can also inform your GP and local hospital that there are certain people you definitely don't want to make decisions on your behalf should you become incapable. Put your wishes in writing and check that the letter is kept with your notes. You could also leave a copy with the person you do want in charge.

You can also carry one of these cards - http://static.advicenow.org.uk/files/Next_of_Kin003-988.pdf - with you.

JaneRN

From a legal point of view your "next of kin" (NOK) is whoever you want it to be even if they are no relation at all. We have this issue come up in hospital sometimes when a patient will put down a partner or close friend down as NOK and the family object to this. I think there is another matter here about your wishes at a time when you are no longer able to make them known yourself. In this case there are several things you can do. One is to make an advanced mediacl directive and ensure your GP has a copy as well as any significant hospital Consultants.
If a time comes when you health is deteriorating to a point you fear being incapacitated to a point of losing some control over your health and financial future, you need to hand over the control to someone you can trust. This is where it gets complicated and you need to make it formal. It is handing someone power of attourney and there are different ways to approach this and you would need to get specialised advice. It is vital it is someone you trust as you need to be sure they have your best interests at heart.

Steel_2

cattkitt wrote: »

The first question is what rights do the "next of kin" have exactly?

And the second question is if the next of kin and I have totally different views of what I want, is there any way I can disinherit them and nominate someone else who knows what I want in terms of everything, including treatment in the case of mental deterioration, organ donation and what I want done with my estate and dependent animals?

This is a real problem in that the next of kin has already made moves to have get me to give them control of my house. I have absolutely no wish to do so, and it's a bl**dy cheek of them, but it does show how they'd be really miffed and probably quite aggressive to find out that they'd be excluded from my will, so this is a big consideration to make everything watertight.

Of course I will eventually find a solicitor, but I would appreciate talking about it, and find out out things before going off to someone who charges £300 an hour!

You are not obliged to tell this person that you have made a will or left your money to someone else. Just let them find out after you are gone. After all, there's nothing they can say then is there? But there's plenty of grief they can give you before hand. But certainly get one done ASAP.

I would also certainly consider finding someone other than this person to be your enduring power of attorney - the person who would make decisions for you if you were very ill or mentally incapable.

I would be very wary of having someone who is expressing such a material interest in my money already. Their decisions would be made to financially advantage themselves. You could end up with very poor care.

Browntoa

I'd advise the solicitor that you do not want a copy sent home , either for review or after its signed , as the poster before says theres no need to own up to not having them in your will

you can use the solicitor to carry out power of attorney , not the cheapest option but watertight