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Anyone know the law regarding next of kin?

(10 Posts)
mixformax Mon 06-Jul-09 23:20:37

Can anyone tell me please who is my next-of-kin?

My mother or my children? I presume my common-law partner is further down the "pecking order" but I'm unsure who is at the top?


Tinker Mon 06-Jul-09 23:21:59

I don't think there is a legal definition. Not much help. Would depend on circumstances possibly?

PerfectPrefect Mon 06-Jul-09 23:22:11

If you live with your DP I think it is your DP,

Whenever I feel in medical forms and stuff I put Dp.

EdwardBitMe Mon 06-Jul-09 23:23:05

In what context? Health? Inheritance? Guardianship?
Try this

EdwardBitMe Mon 06-Jul-09 23:24:04

No legal definition, but this site has good advice.

myredcardigan Mon 06-Jul-09 23:25:44

Your children are your next of kin and would inherit on your death. Whilst they are under age decisions such as turning off life support machines would be taken by your mother although nowadays a hospital would try and consult with a partner. Donor decisions would rest with mother too I believe.

myredcardigan Mon 06-Jul-09 23:28:16

I definitely remember being clearly told that despite living with DH (then DP) and carrying a donor card, the decision would rest with my mother. My mother did not like the idea at all and would have refused. DH would at the time have been unable to over rule her.

mixformax Mon 06-Jul-09 23:28:43

Thank you, Interesting stuff....

What brought it to mind was a colleague today who had to identify a dead body as next of kin. Got me wondering - who is mine?

Mummy369 Mon 27-Jul-09 22:02:26

Your Next-of-Kin is the person YOU nominate. It should be a person over the age of 18 years because of legal decisions. If the person you nominate is not your closest living relative (ie spouse/parent/adult child) then you should have a legal document drawn up which states who you wish to have as your N.O.K. Hope this helps.

bentneckwine1 Tue 28-Jul-09 21:15:24


I have been wondering this too since becoming divorced in the last month.

My mother is dead and I hold Power of Attorney over my father who no longer has mental capacity. My only child is still a minor. My closest other relatives are a sister and my paternal grandmother who although in her eighties still has full mental awareness and could make any decision required but would find it extremely distressing.

Is there a particular protocol that would identify my legal next of kin or would I have to choose between sister and grandmother? Also what about nominating a friend to be the next of kin?

It makes me feel really old to be thinking like this - but it is one of the practicalities that needs to be taken care of now that I am divorced.


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