Legal next of kin issues after person dies. Please help!

doodling

Hi,

You need to do some digging as to the exact status of the insurance money, in particular whether it falls within your mother's estate for the purposes of her will. Usually life insurance falls outside the estate but this is not a universal rule.

Was the money specifically for a funeral according to the documentation, or was it simply money that your mother expected to be used for a funeral?

If it falls within her estate then it will go to paying funeral expenses and then anything left should go to her husband.

If it doesn't fall within her estate then I would expect that she would have nominated someone to receive the money. If she hasn't then it is likely that the money can be paid by the insurance company at their discretion - in that case they will need to convinced how to exercise that discretion but will attempt to take an impartial view and therefore may want to contact her husband to get his view.

If it was specifically for a funeral then I would expect the insurance company to pay it to whoever was managing her affairs and the funeral. I would be surprised if they expected that person to actually obtain probate in order to release the money but life is full of surprises.

Mojisola

cjk2021 said:

my grandma died last Thursday after a very long battle with cancer. Over 6 years ago she started a funeral plan and over 50s insurance so she was able to afford to pay for her funeral

The lady at the insurance wasn’t very helpful and just told me to speak to probable
There is only enough money to pay for the funeral and there won’t be lots left after

Is some of the money from the insurance needed to pay the funeral?

If not, or if the family are willing to pay the difference, you don't need to do anything apart from arranging the funeral.

If her husband wants to contact the insurance company to claim the money, you can't stop him but you don't have to facilitate it either.

sheramber

funeral plan and over 50s insurance 

Is this one policy or a funeral plan and an insurance policy or a policy which it was suggested could be used to pay for a funeral?

Funeral plans are usually allocated to a funeral  director and he claims the money.

MEM62

cjk2021 said:

lincroft1710 said:

When you take out life insurance I understand that you need to nominate a beneficiary. Didn't your grandmother nominate anyone?

I will have to look through her documents. I believe the answer it more than likely no though as the insurance company said her ex is legal next of kin at the moment.

There is no such status as "Legal next of Kin" in UK law.  The term is a generic reference to your closest living relative.