Next of kin
Submitted by Pookie on Tue, 21/02/2012 - 22:22
If someone's eldest child is written out of a parent's will, are they still Next of Kin?
If someone's eldest child is written out of a parent's will, are they still Next of Kin?
What do you mean by next of
What do you mean by next of kin? If the eldest son is the parent's closet living relative, i.e. there is no spouse etc then yes they would still be the next of kin.
This wouldn't affect the will in any way though.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181<
Thanks for replying. I'm
Thanks for replying. I'm talking about two children; the older child has been written out of the will and the younger has mental health issues so isn't in a position to make objective decisions about the welfare of the surviving parent. Would the older child still be able to override the wishes of the younger one on the basis of being the older siblng? The will isn't the issue here, it's purely a question of making sure that decisions are made in the interests of the parent.
Does your surviving parent
Does your surviving parent still have mental capacity...and do you have a power of attorney
Richard Paremain
Yes to the first question
Yes to the first question (though this is going to be reviewed/assessed shortly) and No to the second.
If the parent still has
If the parent still has mental capacity then only they can make decisions about their welfare unless social services intervene.
Niether child can make decisions about the parent's welfare or financial affairs unless they have a power of attorney irrespective of whether they are the next of kin or not.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181<
Thank you - that pretty much
Thank you - that pretty much draws a line under the situation - I'm most grateful for your help.