Who is Legal Next of Kin

GLud

my wife's mother passed away last month. She lived with her partner for 35 year but they never married.

They owned a house together but the deeds are shown as Title Absolute and as we understand her share goes by default to her partner.

What we are looking to see is who is the legal next of kin (my wife her only daughter) or her partner.

So far things are being sort in a friendly manor but we want to know our legal position for the estate if there is anything there.

Mojisola

There's no such thing as a legal NOK.

As to who should apply to manage her estate, that would be your wife.  An unmarried partner has no legal standing.

Anything in joint names, like the house, will automatically now be owned by the partner.

p00hsticks

You don't mention whether your mother-in-law left a will or not ?

If so, then whoever she has named as an executor will be dealing with the estate and distributing it according to whatever the will says.

If she hasn't left a will then your wife, as the closest living relative (I don't believe the term 'next of kin' has any official meaning) , can apply for letters of administration to distribute the estate according to the intestacy rules.

https://www.gov.uk/applying-for-probate/if-theres-not-a-will 

https://www.gov.uk/inherits-someone-dies-without-will

Flugelhorn

I am not sure that "title absolute" indicates whether they jointly owned the property or whether it was tenants in common - what does the Land Registry entry say?

GLud

There is no Will, so we will have to follow the intestacy rules

as for the Land Registry Entry it looks to be joint and we think that it goes to her partner by default

Savvy_Sue

GLud said:

There is no Will, so we will have to follow the intestacy rules

as for the Land Registry Entry it looks to be joint and we think that it goes to her partner by default

Yes, you have to follow the intestacy rules, BUT you can still do a deed of variation if, for example, you want to make provision for your late mother's partner apart from the house (if it does go straight to him).