Contesting a Will as Next-of-Kin

elsien

If there’s no executor someone will need to apply to administer the estate. Doesn’t mean the funeral can’t happen though. 

The estate of a family member has remained unadministered for 6 years - a non-beneficiary relative took it upon themselves to pay for the funeral. Whoever arranges it would be liable to pay for it, but that doesn’t stop a funeral from happening. 

74jax

As course a funeral can be arranged. The funeral parlour will not hold the body forever.

If both executors have renounced then someone else can apply for papers or it can be passed to a solicitor.

If charities are beneficiaries, they could apply and deal with the estate.

I'm at a loss though why no family members have even started this.

Nok means nothing. 

GrumpyDil

Challenging a will is long winded and potentially very costly. 

I had a similar experience where my mother's will was changed in the month she was in hospital before passing away by a sibling.

It took a long time to eventually revert back to a previous will and I was helped by having a witness who, on reflection, was concerned enough about the whole process to contact me with their concerns.

Settlement pretty much occurred when we were about to issue proceedings and we think the other set of insurance funded solicitors realised they wouldn't win.

You have a different circumstance because charity solicitors will absolutely fight to uphold the will. 

Mojisola

RomfordNavy said:

Mojisola said:

Didn't any of the relatives phone round the hospitals to try to find the relative?  
Or contact the relative's GP for help?

How would they have know which GP?  Not knowing the area in great detail how would you identify which hospitals to start with?  When phone contact was lost we assumed that perhaps the patient was getting better and maybe being prepared for coming home. 

I suppose families are different.  We would know how an elderly relative was being cared for - GPs, friends and neighbours, etc, and would keep in regular contact with whoever was helping out.

There are relatively few GP surgeries in each area and even fewer hospitals so fairly easy to make contact.  Medical staff may not give out information but callers can leave contact information and ask that the patient be told they have asked after them.  It's the patient's right not to allow their presence or health status be shared with others so callers may not be contacted back but at least you would know you had tried.

RomfordNavy

elsien said:

Next of kin has no legal meaning in this country. Hospitals like a point of contact but it means nothing more than that,it does not have to be family who is nominated,  and the person is free to say they don't want anyone contacted if that is their preference. 
Being a blood relative doesn't give you any additional rights with regards to hospital contact. 

However, being the person who the deceased specified as their next-of-kin both in the hospital and the hospice, as was arranged between us many years previously.

RomfordNavy

Keep_pedalling said:

RomfordNavy said:

74jax said:

Who is arranging the funeral?

That is a very good question.  One would have expected next-of-kin to but funeral cannot be arranged without the permission of the executor.  In this case there is no executor as both have resigned,

It is the executors responsibility to make those arrangements. As has already been pointed out NOK has no legal status. 

So due to the existance of this last minute Will we can't even arrange a funeral for the deceased now?

Mojisola

RomfordNavy said:

So due to the existance of this last minute Will we can't even arrange a funeral for the deceased now?

Who registered the death?

They will have the paperwork necessary for arranging the funeral.

RomfordNavy

74jax said:

I'm at a loss though why no family members have even started this.

We have, the deceased is with a funeral parlour.  However, as all the family appear to have been cut out of the Will completely there is some doubt as to whether they would be willing to pay for a funeral which under normal circumstances would come from the deceased estate.

Keep_pedalling

RomfordNavy said:

74jax said:

I'm at a loss though why no family members have even started this.

We have, the deceased is with a funeral parlour.  However, as all the family appear to have been cut out of the Will completely there is some doubt as to whether they would be willing to pay for a funeral which under normal circumstances would come from the deceased estate.

Often wills contain instructions for their funeral, Who is the executor? 

elsien

RomfordNavy said:

74jax said:

I'm at a loss though why no family members have even started this.

We have, the deceased is with a funeral parlour.  However, as all the family appear to have been cut out of the Will completely there is some doubt as to whether they would be willing to pay for a funeral which under normal circumstances would come from the deceased estate.

This is very much coming across as if being cut out of the will is more important to you than seeing your relative decently buried. He has an estate. His funeral costs will come from it once someone starts to administer it. That will be the first call in the estate before any beneficiaries, whoever they are.