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Next of kin???

(4 Posts)
MumToBe2015R Mon 16-Nov-15 20:11:41

Sorry if this takes up a lot of ur time but it's a long and difficult situation.

My brother in law sadly passed away on Friday, he lived alone & we are awaiting a call from the coroner on cause of death.

He was in his 50's has 4 kids & ex wife whom are muslim. He was a different religion and did not convert to muslim. He's been separated from his wife for approx 8yrs now & lived alone. None of them spoke to him or came to see him.

As he has passed away his daughter claims she is next of kin. But his sister & uncle were next of kin on a hospital card which used to be around his neck at all times is case something happens. I have not found out as yet if they were his next of kin on paper.

Now the problem is we need to all do funeral arrangements and his daughter is claiming he is going to have a muslim funeral (burial) the problem is, is that he was A different religion and he would have wanted to be cremated like it is in his religion.

What to do?

I mean if he had converted into Muslim then it's not a problem but he hadn't, and followed his religion.

What can we do?

Wombatinabathhat Mon 16-Nov-15 20:13:55

Legally children are the closest next of kin if there is no spouse, especially when it comes to inheritance. I don't know where you stand re the funeral though thanks

titchy Tue 17-Nov-15 07:58:13

Did his will state his funeral wishes?

AuntieStella Tue 17-Nov-15 08:03:29

are you in UK, and if so, which home nation? In E/W, next of kin is a fairly loose concept. And the legal,definitions only come in to it when there is a dispute.

Have you found a will, and does it say anything about a funeral?

If intestate, then there are strict rules about how the estate is shared out amongst relatives by degree of kin, and children come ahead of siblings.

The 'which relative to inform' card used by NHS carries no legal weight at all.

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