My Sons Dad Dies Yrs Ago Who Had Nother Child With Someone Else Beforw My Son Was Borne Does That Mke Him My Sons Next Of Kin Or Is That My Self

[Julu]

Question Details Here

[fiction-factory]

It depends on what you mean by 'next of kin' I don't think there is such a thing defined in law. What exactly do you meed to know?

[ummmm]

Next of kin means nothing in law. It just someone who is contacted if something happens, it could be anyone.

[dannyk13]

Legal definition:-
http://legal-dictionary.thefreedictionary.com/next+of+kin

[Togo]

You are next of kin Julu. You do not give your son's age though. If he is an adult and filling in insurance or other "forms" he can designate any member of what he considers to be his family as "next of kin". It is usually best to inform the person who is designated, and to make sure that they have no objections.

[-Talbot-]

Are you tired this morning EDDIE?

She is asking if She is the next of kin or the other child

[EDDIE51]

^^ That's not the way it reads to me. It looks like she is asking if her son's next of kin is the father (who is dead) or herself. This is why I said it is so hard to understand.

[sandyRoe]

The government, in England at least, judge parents to be closest. It would be you who is 'next of kin'.

https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/no/no/yes

[Togo]

I would point out Julu that some institutions, private pension records being one example, sometimes as for a second "next of kin" option. This I think is to cover the first option being incapacitated or deceased when the contacting of next of kin is necessary.

[sandyRoe]

I meant to say the law, rather than the government.

[Old_Geezer]

I read it "correctly" first time, but on a second reading I an see Eddie's point. "Is that me" ca easy be read as the relationship between the son and "me" or between the dead dad and "me".

Probably helps if the title is merely a title and the question explained more fully in the question box.

A more detailed explanation of why it is being asked would help. Is it about inheritance in the absence of a will ?

[ummmm]

Eddie...her sons dad is dead. He has another child. Is the other child next of kin or is Julu next of kin.

[Peter Pedant]

ed keep off the gin before ten a.m.
anything good in the removed answers ?

if you are your sons mother ... ( you could be step mother ) then you are next of kin - otherwise he could name you as next of kin ...

I routinely named a cousin as next of kin as I didnt want my brothers or sister butting in and oing good on my behalf ....

BUT - if your question is: who inherits if there is no will ?
then the short answer is ... you should all make wills.
It doesnt cost much and the money goes where you all want it

[ummmm]

Nothing interesting in the removed answers.

My uncle and cousin are named as my next of kin. My thinking is if I die young (ish) it's likely it's an accident and my OH will be with me.

Between my uncle and cousin they are available almost 24hrs a day.

[New Judge]

As ummm correctly says, the term “next of kin” has no legal meaning or definition. You can call anybody your next of kin and it makes no difference because the title has no standing. The information in the “free dictionary” link provided by danyk says this:

“The blood relatives entitled by law to inherit the property of a person who dies without leaving a valid will, although the term is sometimes interpreted to include a relationship existing by reason of marriage.”

This is not correct. If you left your estate to “my next of kin” it is about as useful as leaving it to “the old man who lives at number 42”. It is meaningless. It is nothing to do with dying intestate and the intestacy rules lay out a clear “pecking order” of who inherits without mentioning the term. Pension schemes and Life Assurance companies may ask you to nominate a beneficiary but that has nothing to do with “next of kin”. As OG says, it would be more helpful if julu told us why she wants to know the answer to her question.

[Togo]

Just a small point Judge. The trustees of a small private pension I have recently asked me to update personal details. They asked me to name beneficiaries in the event of my demise and asked separately for 2 examples of next of kin. Saint Gobain.

[New Judge]

Yes that may well be so, Togo. it may be a term they use because people are familiar with the term. But it's important for Julu to understand that the term has no meaning in law. If it used in a legal document (e.g. a will) it will cause problems.