Next of kin.

[catsvdogs]

I understand that an unmarried persons next of kin is their children. Does the oldest child naturally get the say in matters when you die? Is there anyway of making sure this child does not get involved?

The ages of the children are irrelevant, the oldest does not get any more say in anything than the other children.

Writing a will and naming somebody else as executor would be the way to exclude a particular child from the process.

Next of kin has no legal meaning. What are you concerned about? You can disinherit some or all of your children in England if you like.

It's for an elderly friend of mine. She has no Will and has 2 children. She doesn't have anything to leave of great value but she is worried her eldest will try to take over regarding funeral etc. She was wanting her youngest to deal with everything. Her eldest child has caused her a lot of trouble over the years and she has no contact him but he's the type to be fully on the scene should anything happen to her.

The only way she can ensure that the youngest child deals with the estate is to write a will and name the younger child as executor. The executor is also responsible for funeral arrangements.

If she does not write a will, then either of the children can apply for letters of administration and if they cannot agree between them which of them it should be, it is likely that it would be jointly granted and then they will have to work together.

@Florencex

The only way she can ensure that the youngest child deals with the estate is to write a will and name the younger child as executor. The executor is also responsible for funeral arrangements.

If she does not write a will, then either of the children can apply for letters of administration and if they cannot agree between them which of them it should be, it is likely that it would be jointly granted and then they will have to work together.

Thank you for your reply. I will try to get her to see that a Will is her best choice.

She could also prearrange and pay for her funeral now, then she knows her wishes will be met and it would only be a case of her youngest child informing the Funeral director of her death and the preferred funeral date. She needn’t tell the other child where she has made the arrangements then they can’t get involved. She should also make a will for inheritance but the above may give peace of mind that the funeral is how she wants

Incase your neighbour has no idea how to go anbout writing a will.. here is some info

We had our wills done by @Mumblechum0

https://www.marlowwills.co.uk

A phone call to set out what we wanted and then we were sent the drafts. All very easy and very good value.