Legal next of kin

[Newfornow]

My Parent has died, not married, no partner. They nominated a next of kin, my uncle. Next of kin is angry that the deceased told them they wanted an old love to inherit.
Speculation about what the will actually contains is rife and if my uncle finds the will of which they are executor what stops them from disregarding the will?
It is possibly a will kit, no solicitor.
How can as his only child, stop him emptying bank accounts etc.
Any advice please.
I was it close to my parent, I don’t k of the bank account. My uncle wants to keep everything for himself. I do not think this morally right.

Just to add that it is your Uncle's role as executor which enables him to claim any money, there is a set line of inheritance if there is no will. If there is a will, and it is correctly drawn up and witnessed then that stands.

The bank will not be interested in next of kin, just the executor.

You don't need to agree to be an executor - you are nominated but can decline to act and then the duty is passed to someone else. Honestly, if you don't care about inheriting I would leave your uncle to it. It's very stressful to sort everything out and it seems right if he has been named on the will to follow your parents last wishes. However, if you are questioning the validity or even presence of the will that is a different matter. You have already been given advice if that is the case so I won't repeat it but I hope you manage to resolve this in the way that feels right for you.

For him to be executor there needs to be a will.

If there is no will he cannot be executor.

Call his bluff and tell him if there is no will then as legal next of kin you will deal with it...
I

Assuming there is a will, properly signed and witnessed, it goes through probate and becomes a public document; anyone can request to see it. So your uncle, as executor, cannot simply disregard its terms. Bank accounts are frozen until probate has been granted. If your uncle is miffed that he's not a legatee, he is not obliged to act as executor; which is fair enough, it's a tiresome task if there's nothing in it for you! In which case, I imagine the role of executor would pass to you as next of kin, or the bank/solicitor would do it for a fee that might seem excessive in relation to what sounds like a small estate.
Do you even know the identity of this old flame?

You're the next of kin, not your uncle
Was he 'appointed' when you were a minor?
Seems bizarre that he considers himself more entitled to inherit than you.

@ChicCroissant

Just to add that it is your Uncle's role as executor which enables him to claim any money, there is a set line of inheritance if there is no will. If there is a will, and it is correctly drawn up and witnessed then that stands.

The bank will not be interested in next of kin, just the executor.

A person can be nominated as an executor but it does not necessarily mean that they are a beneficiary in the will. Sometimes solicitors have been appointed executor and even banks have performed that role.

The whole business about obtaining probate only really applies above a certain value of the estate. If there is less than say £10k or £15k in the estate, in cash or bonds, no property or shares in total, a bank may indeed be happy to deal with the spouse/civil partner/children of the deceased without the formalities of FB probate.

https://www.gov.uk/applying-for-probate

Banks will release accounts to executors without grant of probate depending on their individual limits, some are up to £50k.
If an executor is behaving improperly you can apply to have them removed but it isn’t a quick process, even beneficiaries aren’t entitled to see a will before probate is granted. It then becomes public record and you can view it. If an executor decides to make off with the proceeds of, say a house sale, it would mean a legal battle.
Moneysaving expert forums or legal beagles would be the best places for advice to start with.

Don't just give up and let your uncle take your inheritance.

It might be a bit uncomfortable and it might be tricky and it might be a little embarrassing but it's the right thing to do.

You aren't doing anything wrong by pursuing this. Quite the opposite in fact.

Your uncle isn't even doing what your father wanted anyway!

There’s no such thing as next of kin - it has no legal meaning. If there is no will, you will inherit. If there is a will it will go to whoever they left it to in the will. If your uncle claims to be executor, there must be a will applying him as such.

@Newfornow

Thank you for your time replying. *@knittingaddict*. When you say not compulsory to register, where do you mean to register ??

@Howallergic... no I’m not sure. Uncle is asserting himself with no authority in writing just claiming to be executor whilst also saying he didn’t sign anything. Surely he would have agreed to be an executor?

Thank you @titchy

for the link . My concern is he will go to the bank with death certificate... how can the bank actually know that he is not legal next of kin ?

He'd need either probate or letters of admin for the bank to be able to do anything in his authority. You can get a copy of the death certificate and do it yourself.

As his daughter you are legally the next of kin. As an executor it does not mean you will benefit from the will just that you will see its instructions are carried out. If no will then by law his children are the sole beneficiaries.

You're right Mrs Clatterbuck, I was referring to the OP's worries about the Uncle going in to the bank but I didn't make that clear in my post. The Uncle is going to see the bank as the executor.

Can an adopted child become a next of kin to a biological mother? Apparently my mother selected her…this is strange as I have only been in England 6 months. She has told me I have seen my mum in 3 years and that she has a signed bit of paper. I have 8 other siblings and this is total nonsense! How do I change this?

Can an adopted child become a next of kin to a biological mother? Apparently my mother selected her…this is strange as I have only been in England 6 months. She has told me I have not seen my mum in 3 years and that she has a signed bit of paper.(not true)I have 8 other siblings and this is total nonsense! How do I change this?