Locating Next of Kin

theeagle1972

Ok, so my uncle died three weeks ago without leaving a will. He has been in poor health for a number of years and he had made me his next of kin.
He has an estranged son who he hasn't seen for the best part of 35 years. We have tried to locate said son to inform him of his fathers death but so far no luck. (tried the usual lines of enquiry, social media, electoral roll etc).
Since his death, I have been dealing with his affairs (stopping utilities etc). The only outstanding thing to do now is close his bank account. As the legitimate next of kin the son stands to be the beneficiary of what is a not so insignificant amount.
As I understand it, legally I am in no position to close said bank account without the the son's authorisation. If I apply to become administrator I understand I would still need the son's authorisation.

So my dilemma is this: As the nominated next of kin, am I legally required to find the son? If not, who would be required to find him?

If I was legally required to find him I presume I would need to hire a solicitor? If I did go down this route, would I be legally entitled to claim the solicitors fees and any other costs that I have already incurred or could this chap simply refuse to pay?

I have called numerous solicitors for some advice but none have actually answered what I need to know. So I was hoping that someone on here may have had some dealings of this in the past.

Thanks in advance.

Mojisola

theeagle1972 wrote: »

The only outstanding thing to do now is close his bank account. As the legitimate next of kin the son stands to be the beneficiary of what is a not so insignificant amount.

So my dilemma is this: As the nominated next of kin, am I legally required to find the son?

No. Being named NOK doesn't impose any duty on you at all to sort out his estate or find the beneficiary.

Yorkshireman99

theeagle1972 wrote: »

Ok, so my uncle died three weeks ago without leaving a will. He has been in poor health for a number of years and he had made me his next of kin.
He has an estranged son who he hasn't seen for the best part of 35 years. We have tried to locate said son to inform him of his fathers death but so far no luck. (tried the usual lines of enquiry, social media, electoral roll etc).
Since his death, I have been dealing with his affairs (stopping utilities etc). The only outstanding thing to do now is close his bank account. As the legitimate next of kin the son stands to be the beneficiary of what is a not so insignificant amount.
As I understand it, legally I am in no position to close said bank account without the the son's authorisation. If I apply to become administrator I understand I would still need the son's authorisation.

So my dilemma is this: As the nominated next of kin, am I legally required to find the son? If not, who would be required to find him?

If I was legally required to find him I presume I would need to hire a solicitor? If I did go down this route, would I be legally entitled to claim the solicitors fees and any other costs that I have already incurred or could this chap simply refuse to pay?

I have called numerous solicitors for some advice but none have actually answered what I need to know. So I was hoping that someone on here may have had some dealings of this in the past.

Thanks in advance.

You can apply for letters of administration. You need to send a covering letter with the application explaining the situation. There are various organizations such as the Salvation Army that may help in tracing the son. It may be worth checking to see if he is still alive. Ultimately if no entitled relatives can be found the estate reverts to the Crown. More details here

https://www.gov.uk/government/organisations/bona-vacantia

TBagpuss

If your uncle didn't leave a will then you being 'nominated next of kin' would relate only to things like medical treatment, and would end on his death, so you don't have any legal standing.

It might be possible for you apply for letters of administration for the estate - if granted, you could then as administrator use assets from the estate to pay for professional help to trace the son.
Normally you wouldn't be able to apply where there are closer relatives but the application form asks for the number of *surviving* children etc - I think it might be possible for you to be granted letters of admin. with power reserved to the son, if the probate registry is satisfied that the son isn't reasonably contactable and that the grant is necessary in order to trace him.

It may be worth your while to see whether you can make an appointment at your local probate registry and ask them.

Or you could simply notify the bank of the details you have about the son and leave it to them to sort out.

Yorkshireman99

Mojisola wrote: »

No. Being named NOK doesn't impose any duty on you at all to sort out his estate or find the beneficiary.

This is misleading. But having intermeddled in the estate the OP is obliged to do so.

poppystar

Yorkshireman99 wrote: »

You can apply for letters of administration. You need to send a covering letter with the application explaining the situation. There are various organizations such as the Salvation Army that may help in tracing the son. It may be worth checking to see if he is still alive. Ultimately if no entitled relatives can be found the estate reverts to the Crown. More details here

https://www.gov.uk/government/organisations/bona-vacantia

If the OP is nephew by blood then they would have a grandparent in common and hence he (probably along with a few others!) would be an entitled relative if son had passed.

OP - as YM99 says a first check should be death records.

Mojisola

Yorkshireman99 wrote: »

This is misleading. But having intermeddled in the estate the OP is obliged to do so.

Does just notifying utilities and other agencies of a death count as intermeddling?

[Deleted User]

Nasty situation - I haven't seen my son for over four years although I've tried to contact him. If I pop my clogs, everything goes to Mrs. Sleazy. If we both snuff it at the same time, half to her side of the family, half to mine (my son).

Where is he? And I would even add, if I ever had an hour of need, where would he be? Tried to contact him again within the last week, but no response ... Families, who would have them?

Yorkshireman99

Mojisola wrote: »

Does just notifying utilities and other agencies of a death count as intermeddling?

From what the OP said they are doing rather more than that.

securityguy

Yorkshireman99 wrote: »

From what the OP said they are doing rather more than that.

But nothing that looks like intermeddling. What specifically do you think opens this up?

Yorkshireman99

securityguy wrote: »

But nothing that looks like intermeddling. What specifically do you think opens this up?

The OP said he had done everything concerned with the estate other than closing the bank account.