General Chat

Pink. Thanks for putting this thread on as it has cleared a lot up for myself also. Alter When you say you can leave a child's name out of the will for being next of kin.Could that child go to court and contest the next of kin/will as I do not want my eldest child to be my next of kin. Sue ps Pink sorry to hijack your thread.

Thanks Zoe and Sue no probs mate hijack away!! xx

Chelsea-answer to your question is yes-unless you state in a will that your estate goes specifiacally to one sibling or discounts a particular sibling

Next of kin merely refers to the closest related by law-if siblings are involved they are equal in inheritance unless specified otherwise.An appointed executor does not have to be a member of the family and certainly does not mean he/she is necessarily a beneficiary-they are merely an appointed person you trust to make sure your wishes are carried out.

Sounds like you should be making a will Diana ...................... if the will is straight forward (nothing left in trust etc.) you don't need a solicitor. You can just buy a will form, follow the instructions and have it witnessed. Costs you about three quid and settles arguements............ You can just write it and have it witnessed but the will form gives you useful guidelines so you know that you have done it right. :-))))))))))))))))))))

Sue there's a difference between naming children in a will and teh next of kin scenario. if you die without a will (whats called Intestate) then the administration of your estate will fall to your next of kin. When someone dies intestate then in order to 'prove' their estate (which mean to sort of the debts, pay the bills and divide the money etc) then you have to apply for a Probate - which means swearing an affidavit that you will pay debts and divide the estate according to law. The law follows the Next of Kin route to decide who can apply for this (or if being done by a solicitor, on whose behalf it can be applied for) If you leave a Will then there's no need for them to pay attention to the next of kin as you have already expressed your wishes for what happens to your estate. if you choose to leave out one of your children from your Will the only way they can contest the Will is if they believe you wrote it under duress or were of unsaound mind etc etc which is why they require you to have two witnesses watch you read and sign the documents. If you've made a Will already leaving a child out then you don't have to change it. If, God forbid, one of your children should die before you then you should rewrite your Will (or you put in a clause in your current Will stating if X dies then their share should go to Y) Zoe (your estate, by the way, is anything that wholly belongs to you - not just property, and also includes your debts)

thanks Esme - in truth I don't want either sibling to have anything I have worked hard for as they haven't had the same aspirations and I know they will sell rather than keep!! But need to decide who gets what!! xx

Zoe makes an interesting comment, which I never knew about, regarding a divorced spouse remaining your next of kin. Would this still apply I wonder, If you had reverted back to your maiden name after the divorce..........would anyone know the answer to this please? Don't want my ex dictating what happens to me thank you! Jen

When mil went in hospital and nurse asked for next of kin was told my daughter was as i am only related by marriage OH has pasted away Val