Curious

stormbreaker

My OH has had no contact with his natural father for at least 22yrs.

We are in Scotland. We know his father is in England somewhere. He remarried about 28yrs ago but we believe that his wife has since died. He had no children from this marriage. But there are adult stepchildren.

We found out recently that his father has had no contact with his own brothers and sisters for over 10yrs. They still live nearby and we always thought should his father die, we would hear from them.

In these circumstances, who becomes his fathers next of kin by law? Or are there no laws governing these things?

elsien

Next of kin is fairly meaningless in the legal sense.
If someone dies without a will, the intestacy rules apply.
If in hospital and you need treatment, if you have capacity you give consent.
If you don't have capacity and there's no power of attorney then a best interest's decision is made - family are consulted but are not the decision maker. Ditto any other decisions for people lacking capacity.
If you're detained under the mental Health act then the Nearest Relative role follows a particular hierarchy.
In which context did you mean?

stormbreaker

Thanks for reply. I think the whole relationship thing is bizarre but wonder if we would find out if/when he dies. For all we know he may already be dead.

We always thought that we would hear through his extended family but it appears that this will not happen.

Yorkshireman99

stormbreaker wrote: »

Thanks for reply. I think the whole relationship thing is bizarre but wonder if we would find out if/when he dies. For all we know he may already be dead.

We always thought that we would hear through his extended family but it appears that this will not happen.

You can do a search of the death records. If so then do a search of the probate register.

Mojisola

stormbreaker wrote: »

We are in Scotland. We know his father is in England somewhere. He remarried about 28yrs ago but we believe that his wife has since died. He had no children from this marriage. But there are adult stepchildren.

In these circumstances, who becomes his fathers next of kin by law?

In the case of death without a will (intestacy), your OH would inherit his estate.

As his father is in England, he could write a will that leaves his money elsewhere and your OH wouldn't have any claim against the estate.

getmore4less

stormbreaker wrote: »

Thanks for reply. I think the whole relationship thing is bizarre but wonder if we would find out if/when he dies. For all we know he may already be dead.

We always thought that we would hear through his extended family but it appears that this will not happen.

It really depends if there is a will and/or if someone picks up the desire to investigate for beneficiaries.

if none do then the estate may eventually fall onto the BV list if someone notifies them(this can be quite quick or ages if no one bothers).

Then heir hunters may pick it up.


If dead already A probate and BV search might come up with a record

probate search https://probatesearch.service.gov.uk/#wills
BV list https://www.gov.uk/government/statistical-data-sets/unclaimed-estates-list

stormbreaker

Thanks for the replies. What if he has no money and they are looking for someone to arrange and pay for a funeral?

Talking about this at work today and someone said, even if there was a will (if he has an estate) that there is something written in law that he has to provide for his children, even although they are adults??? Or say he left the whole estate to charity, my OH could contest it?

I doubt he would have a huge estate, unless he has won the lottery!

kingfisherblue

I haven't seen my father for much longer, and last year I found out that he had died several years ago. I had no relationship with him, and did not expect to inherit from him. I don't know whether he had anything to leave. I wasn't contacted about his death or funeral costs, and neither were my sister or brother (none of us were in touch with him, although my brother had seen him more recently and more frequently than my sister and I).

I don't think that your OH could be required to pay for any funeral costs, but nor should he expect to inherit anything.

PasturesNew

It all depends really what you're trying to achieve....

You can find out if he's still alive by looking at the local electoral roll. Some can be done online, some you have to visit the local area/library and go through it all yourself.

You can check for intestate notices in, say, The Gazette, for his name.

If his wife was buried, you could get somebody to pop to that grave and check if his name's been added.

You can check online death notices in the newspaper in his area to see if there's a death notice.

You can check the online probate listings for his name, year by year, to see if he's died. That's free https://probatesearch.service.gov.uk/#wills

Or you could simply turn up at his house and bang on his door - and when he answers say "Ah, you're still alive then ...." and leave.

I'm guessing you have no desire to set eyes on him, but just want to check that if there was any money going you get it instead of the step-kids.

There's a lot you CAN do, depending on how much time/effort/money you're prepared to put into it and your reasons/motivations.

There is no magical "quick look up list" of everybody that's died.

Yorkshireman99

stormbreaker wrote: »

Thanks for the replies. What if he has no money and they are looking for someone to arrange and pay for a funeral?

Talking about this at work today and someone said, even if there was a will (if he has an estate) that there is something written in law that he has to provide for his children, even although they are adults??? Or say he left the whole estate to charity, my OH could contest it?

I doubt he would have a huge estate, unless he has won the lottery!

If the estate has no money and nobody else will pay then the hosp[ital where the deceased died or the local authority have to pay. In Scotland children are entitled to a portion of the estate. In England there is no autpmatic right of children to inherit unless they were financially dependedent.

securityguy

"You can find out if he's still alive by looking at the local electoral roll."

Unless he's ticked the "don't appear on the edited (ie, public) electoral roll". I have.