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No Will and no instructions left from deceased

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dinkydoo | 17:56 Mon 13th Dec 2010 | Law
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My Batchelor friend has died 3 days after his Mother who was his next of kin, he is survived by an older Brother and 4 grown up Children by 4 different Mothers, he never married. My question is who is next of kin now his Mother is also dead, is it his older Brother or the Children of the deceased?
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next of kin for what reason? No such thing legally as next of kin really.
If it regards inheritance, then intestacy rules will apply which means the children will inherit.
If it is regarding a funeral, anyone can organise it, they just need to decide amongst themselves
I would have thought any offspring would normally be the first relatives with a claim on any inheritance, although the intestacy rules will apply.
40 years ago I would have unhesitatingly said the brother, but am not sure now since many, if not all, of the bars pertaining to illegitimacy have been removed.
Since 1970 legitimacy has not been a factor in determining the distribution of an estate under the intestacy rules. The four children each share your friend's estate:
http://www.hmcourts-s...rvivedTheDeceased.pdf
(Even if your friend's mother had survived him, she would not had been entitled to receive any part of his estate).

Otherwise the term 'next of kin' has no meaning. Nobody is obliged to arrange a funeral for your friend. If nobody does so, the local council must make the funeral arrangements but can then seek to reclaim their expenditure from your friend's estate.

Chris
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Thank you all for your answers, much appreciated.

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