Legal Next of Kin

Griffiths27

Hello, my partners mum has recently passed away, we can't find a will and are unsure if she did one. (she passed suddenly). My partner is the eldest of the 2 children, we are unsure who is legally next of kin, although he was named verbally on hospital records. We have tried local solicitors she has used in the past to see if they hold a will, which they don't, and will try her banks on Monday. Both children are named beneficiaries on her private pension and there is £18k in her bank accounts and an isa (amount unkown). No property is involved. Due to family upset between Mum & the other sibling, they didn't see or contact each other for the last 2 years. Mum verbally said to us & others she didn't want the other sibling to have anything, but as we say there is no will so we are not sure what needs to be done, if anything. Does my partner need to apply for a Letter of Administration with him being her first born, and what does it actually mean? Any advice would be appreciated. Thank you.

jackieblack

There is no legal definition of 'next of kin' in the United Kingdom. A person can nominate whoever they want.
If there is no will, there are rules about who inherits, any verbally expressed wishes are irrelevant.

Advice here https://www.gov.uk/inherits-someone-dies-without-will
https://www.gov.uk/wills-probate-inheritance

silvercar

Children don't take precedence by order of birth.

Without a will, children will inherit equally assuming mum had no spouse.

Yorkshireman99

Griffiths27 wrote: »

Hello, my partners mum has recently passed away, we can't find a will and are unsure if she did one. (she passed suddenly). My partner is the eldest of the 2 children, we are unsure who is legally next of kin, although he was named verbally on hospital records. We have tried local solicitors she has used in the past to see if they hold a will, which they don't, and will try her banks on Monday. Both children are named beneficiaries on her private pension and there is £18k in her bank accounts and an isa (amount unkown). No property is involved. Due to family upset between Mum & the other sibling, they didn't see or contact each other for the last 2 years. Mum verbally said to us & others she didn't want the other sibling to have anything, but as we say there is no will so we are not sure what needs to be done, if anything. Does my partner need to apply for a Letter of Administration with him being her first born, and what does it actually mean? Any advice would be appreciated. Thank you.

NOK has no legal meaning. The closest relative can apply for letters of administarion. LOA simply means that the person grnated it is authorised to gather in the estate assets and pay any debts. They then distribute the remain assets according to the intesacy rules. Read the Stickies on the thread for more information. Plenty of help here if needed. Note that the executor has no discretion as to distributing the estate.

Keep_pedalling

As this is cash only estate, there is a good chance it can be administered without the need to apply for letters of administration as most banks will release smaller amounts without doing so. For instance Barclay will do so for amounts up to £30k.

Those who fail to make wills have no choice in how their estate is distributed, and in this case once funeral costs have been paid and any debts settled the estate will need to be split 50/50 between your partner and their sibling.

da_rule

Keep_pedalling wrote: »

the estate will need to be split 50/50 between your partner and their sibling.

Or 33/33/33 between your partner, sibling 1 and sibling 2.

Yorkshireman99

The OP said her partner is the elder of the two childrewn. Where does the third come from? Barclays are unusual in allowing funds as highas £30,oo to be claimed without probate. Some financial institutions reqquire it for any amount. The OP needs to check. If the OP is in any doubt about unknown debts then probate is needed along with the statutory notices.