We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Next of kin duties when not legally next of kin

I know a similar type of query has been raised by other users but think this is slightly different. My husband has been named as next of kin by someone who actually does have next of kin but has fallen out with them.  He also has longstanding friends he's decided to no longer communicate with and is registered with a solicitor as joint executor. I just want to make sure what his responsibilities will be 'come the time',for funeral arrangements, notifying the legal next of kin etc.and make sure he's fully aware of what will be expected of him.

Any advice you can give me will be very much appreciated.

Comments

  • Dox
    Dox Posts: 3,116 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Curiously there is no legal definition of 'next of kin' (except where minors are concerned). See https://www.howellslegal.co.uk/news/post/Next-of-Kin-What-are-my-Rights
  • Robin9
    Robin9 Posts: 12,910 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In order to save any ill-feelings perhaps your husband's friend should write an open  letter addressed to his family and "friends" explaining his reasons .  Include what he wants to happen at his funeral - church/crem - hymns/music/reading.
    Never pay on an estimated bill. Always read and understand your bill
  • Dox
    Dox Posts: 3,116 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Robin9 said:
    In order to save any ill-feelings perhaps your husband's friend should write an open  letter addressed to his family and "friends" explaining his reasons .  Include what he wants to happen at his funeral - church/crem - hymns/music/reading.
    Given what OP has said in their post, I suspect any letter would be more likely to stir up trouble, even if the friend agreed to write it - falling out/deliberating ceasing communication with longstanding friends doesn't sound like a recipe for an emollient statement from beyond the grave.
  • onwards&upwards
    onwards&upwards Posts: 3,423 Forumite
    1,000 Posts Second Anniversary Name Dropper
    He doesn’t have to do anything, he has no duties and no responsibilities.
  • elsien
    elsien Posts: 36,576 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Next of kin is a fairly meaningless concept both before and after death.
    Hospitals like to have a contact name but it doesn't give that person any more legal rights than anyone else. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ask his friend to write a letter detailing any personal wishes. Probably just boils down to organising the funeral, burial etc. The solicitor will handle the financial aspects of the estate. 
  • Dox
    Dox Posts: 3,116 Forumite
    1,000 Posts Third Anniversary Name Dropper
    He doesn’t have to do anything, he has no duties and no responsibilities.
    He does if he is joint executor with the friend's solicitor - although not sure from OP's post if that's actually the case?
  • hb2
    hb2 Posts: 1,399 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    edited 2 March 2020 at 11:55AM
    Dox said:
    He doesn’t have to do anything, he has no duties and no responsibilities.
    He does if he is joint executor with the friend's solicitor - although not sure from OP's post if that's actually the case?
    No-one has to execute an estate if they don't wish to. It is easy enough to sign forms and step down, leaving it to the solicitor to continue.

    Edit - even if someone is named as sole executor, they can still refuse to accept the role. This might be particularly relevant when an estate has no/insufficient assets.
    It's not difficult!
    'Wander' - to walk or move in a leisurely manner.
    'Wonder' - to feel curious.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.