Next of kin - legally who is it

[xxstephcxx]

I am asking this question on behalf of my parents, my uncle recently died and had nominated his step-daughter as next of kin but the Coroner has called my father and stated that he is next of kin and therefore is now having to deal with the bank insurance companies etc.

My question is this:-
I am the youngest daughter of 3. My 2 elder sisters are from my mum's first marriage but were legally adopted by my father before I was born.
We are aware that if my father were to pass before my mum that my eldest sister would be her next of kin. However the confusion arises when the situation is looked at the other way. If my mum were to pass before my father who would be his next of kin??? My mum is of the understanding that it would in fact be myself as I am his only daughter by blood. I am not sure if this is the case or not but there has been some tension over this with my sisters as to whether this is in fact correct. It's now upsetting my mum and she wants to resolve the issue now before anything were to happen

[dzug2]

I think you've had comprehensive answers to your other identical post.

[xxstephcxx]

someone actually recommended that I post this on this section (on the other post) as I would get legal answers - thank you for your comment.

[LoftyLottie]

It was me dzug2. At the time steph wasn't getting precise answers, just our thoughts so I recommended the law section. I can't see any problem with this.
Do you have a correct answer for her dzug or is JJ's answer absolutely correct.

[ladybirder]

I'll post this again here if it helps. As I said scroll down to UK bit.

http://en.wikipedia.org/wiki/Next_of_kin

[dzug2]

Yes JJ's answer is correct - taking both the original and the amendment.

Legally adopted children are next of kin I think is the main point.

[joggerjayne]

"phew" !

[xxstephcxx]

Thank you - so legally it would still be my eldest sister who is the next of kin for both of our parents. It's not about money or who inherits what - they both have a will naming myself and my middle sister as executors of the will. My father has had so much hassle over his brother's death that it has really upset them both and it has caused real bad feelings between the other brothers - who seem interested only in what money there will be left over ..... my father's concern is seeing his brother buried and laid to rest. Unfortunately they know that will be an issue with the eldest of the sisters as she is also very money orientated, and had previously sat down and worked out "what they would get" with my other sister. Saddens me greatly as that is not the way we were raised......

[dzug2]

No.

There is no strict legal definition of next of kin for your circumstance - in practical laymans terms you may wish to consider it the eldest sister but the law is silent as to whether she is or isn't.

It is up to the eldest to use diplomacy to agree things with the others.

[oracle39]

I don't think this right. My daughter who was my late husband's step-daughter acted as next of kin at the coroner's inquest and tied up his affairs, claimed the death grant to bury him and everything. (I was divorced from him) He had 2 other daughters, but she was the eldest so she did it. He had been her father for more than 20 years, not being from someone's loins should not have a bearing on it. The law acknowledges step children and illegitimate children in wills etc doesn't it, so can't see any difference. This is no different; in this case the two older sisters were actually adopted, therefore the eldest of these would be next of kin if the mother dies. If they doesn't want one of these to act on their behalf, write an everlasting power of attorney and/or a will.