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NOK, learning disabilities and no will

5 replies

Familyof3or4 · 28/11/2017 13:34

Posting about a relative who has just died.
She had learning difficulties and almost all her adult life has lived in care. She briefly married a man who also had learning difficulties and they managed to live in sheltered accommodation for a period of time with lots of support. They separated a few years ago.
She is a cousin of my mother, and my mother has had been listed by the care homes and hospital as NOK but she never actually specified my mother as NOK. She would have struggled to understand the concept.
My mother is her closest family that sees her. She has siblings who never contacted her once their parents died a long time ago. We don’t know where these siblings are or even if they are alive.
She died with no will recently which we hadn’t thought she had needed but it turns out she had her pension being paid into an account that now has a small amount in it. I don’t know who set this up. It may have been the council. The bank is happy for my mum to fill out their NOK form and take the money but my mum doesn’t know if this is right or not. Is her estranged husband her NOK or her siblings?

OP posts:
hollygolipo · 28/11/2017 13:40

If there is no will, next of kin is the closest blood relative not the estranged husband.

MyBrilliantDisguise · 28/11/2017 13:42

Were they still married at the time of her death? I would have thought he was still technically her next of kin if so.

Hohofortherobbers · 28/11/2017 13:50

Husband will be nok and beneficiary won't he? Bank will probably be seeing your dm as the executor not the beneficiary. The laws of intestacy will apply. Estranged or not

Familyof3or4 · 28/11/2017 13:58

If it’s the husband can we still use the money to pay for her funeral then he has the remainder?

OP posts:
Penfold007 · 28/11/2017 14:02

Her funeral and any outstanding bills etc are paid out of the estate. If she was still married her husband get the residue. Make sure any DWP pension, benefits etc overpayments are paid back before settling the estate

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