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Legal matters

who becomes next of kin after you divorce?

4 replies

skyebluesapphire · 12/08/2012 13:50

Do your children or your parents become next of kin? I have a mirror will which leaves everything to STBXH or DD. I know that the wills become obsolete upon divorce.

I will leave everything to DD, or if we went together, to my brother.

If my STBXH does not make a new will and he has a share of the equity in my house, who would that go to?

Would it be his mum or DD?

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ptiger · 12/08/2012 20:16

next of kin is not actually a legal term, as far as inheritance is concerned, its children before parents unless it states otherwise in your will. With regard to medical treatment, if you are unable to make your own decisions, you can nominate who you want as your 'next of kin' who will speak for you, not necessarily family, it doesn't mean they have any right to inherit should you die.

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DartsIsFun · 12/08/2012 20:18

I know there are rules that list who gets what in the event someone dies without a valid will. I believe your DD would come higher up the chain of who gets what that your STBXH's mother.

Try this quiz I found on the Govt website.

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Chubfuddler · 12/08/2012 20:21

If he doesn't change his will after your divorce, his whole will isn't invalid. But any bequest to you will not come to you, instead it would follow the rules of intestacy ie shared equally between children in first instance.

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skyebluesapphire · 12/08/2012 20:43

ok, thanks. Im just concerned about the money he will be allocated against the house. Just wondered who would get it if he doesnt make a will specifying it and died before DD turned 18. Sounds like it would go to her, which is fine. I really dont want to have to pay it out to any of his loser family who are always up to their eyes in debt.....

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