Next of kin?

kev25v6

Had a relative die young and the inevitable arguments over the inheritance have started. Relative aged about 40 died leaving a son aged 2 with girlfriend. There is no will but there is a death in service due which is quite a bit of money. Would the next of kin be his parents or the child? If its the child, can the mother be stopped from just wasting the money as is extremely likely to happen?

Yorkshireman99

kev25v6 wrote: »

Had a relative die young and the inevitable arguments over the inheritance have started. Relative aged about 40 died leaving a son aged 2 with girlfriend. There is no will but there is a death in service due which is quite a bit of money. Would the next of kin be his parents or the child? If its the child, can the mother be stopped from just wasting the money as is extremely likely to happen?

The child inherits under the intestacy rules and the GF gets nothing. The DIS depends on the rules of the scheme. Any money has to be held in trust until the child reaches 18.'

kev25v6

Would the girlfriend/mother be able to access the trust money before 18 and who would have to set it up? Both parents were druggies and seeing around 50k drop on her lap wouldn't be good, it would be gone in less than a year.

Yorkshireman99

kev25v6 wrote: »

Would the girlfriend/mother be able to access the trust money before 18 and who would have to set it up? Both parents were druggies and seeing around 50k drop on her lap wouldn't be good, it would be gone in less than a year.

Not legally! The nearest blood relative needs to apply for letters of administration. They would probably be the one to set up the trust. Are the parents still alive? Is the child likely to be taken into care?

kev25v6

The parents are both still alive, the kid was only allowed to be with them because he was there. If he wasn't with her he would have been taken away. If the parents can set up the trust so she has no access to it, it would be great. We weren't sure if it went to them or the kid.

SevenOfNine

kev25v6 wrote: »

Had a relative die young and the inevitable arguments over the inheritance have started. Relative aged about 40 died leaving a son aged 2 with girlfriend. There is no will but there is a death in service due which is quite a bit of money. Would the next of kin be his parents or the child? If its the child, can the mother be stopped from just wasting the money as is extremely likely to happen?

You'll have to find out whether the relative had named anyone as beneficiary.

TBagpuss

Assuming that your relative had not named anyone as the beneficiary for his death in service benefits, then under the intestacy rules his child inherits.

There are rules about how money can be invested for a child and it is usual to have a trust with 2 trustees. You also need 2 people to apply for the letters of administration. Your relative's parents would be the obvious ones to do so.

As your relative wasn't married to the child's mother, she isn't entitled to apply.

Yorkshireman99

kev25v6 wrote: »

The parents are both still alive, the kid was only allowed to be with them because he was there. If he wasn't with her he would have been taken away. If the parents can set up the trust so she has no access to it, it would be great. We weren't sure if it went to them or the kid.

Are the social services aware of the father's death? Perhaps they should be told to protect the child.

kev25v6

They are going to contact social services about him, she has already emptied his bank account and told the coroner that she was his wife. If she can't apply for the trust it, the parents will do. She's that bad she didn't even go to the funeral.

Yorkshireman99

She must have lied to the bank to get the money. Maybe parents need to tackle the bank. They will have got an indemnity to release the money so the money will be receoverable from them.

Malthusian

TBagpuss wrote: »

Assuming that your relative had not named anyone as the beneficiary for his death in service benefits, then under the intestacy rules his child inherits.

Not necessarily, the death in service benefits may be paid at the discretion of the scheme trustees. However if he had not made an expression of wish the trustees may pay it into his estate, at which point intestacy rules take over.

The OP should contact the employer ASAP to make sure the girlfriend hasn't applied to the trustees to have it paid to her.