Next of kin rights/Civil Law

[Jca29]

Hi I am desperately after some free legal advice if anyone has any knowledge on family matters and civil. My dad passed away on the 1st of December I am his only child and he has one sister. I was only informed Wednesday by his sister (we are estranged since I was a child due to her and my dad falling out when I was young) I feel she is trying to underhand me and has taken over. First she left it a whole week before contacting me to notify me, she has already appointed a funeral director and made arrangements without me even though me and my dad spoke daily and had a relationship.
At first she acted friendly asking me for song choices and told me anyone was welcome to the funeral but she needed names and numbers due to covid. Then I asked her about my dads ashes and said I would like them or atleast like to split them and she ignored me. I then said I would like to visit my dads house and asked for a copy of the key she has now point blank told me no, that she is in charge of his affairs and its up to her who attends the funeral and she is in charge of numbers (almost like a subtle threat) However I have already spoken to his solicitor where he made his will and they have told me they are sole executor. The police also informed me they had secured his property after his death but his sister has taken it upon herself to change the locks to the property so only she has a key. My dads solicitor wont talk to me, the funeral director wont help me because I am not there client and i feel I am being pushed out of my own dads funeral for no reason other than his sister has always wanted control of everyones estates, it happened with both my grandparents which is why my dad and his sister had a falling out in the first place due to her swooping in after both deaths, clearing out properties and trying to get her hands on as much money as possible. She was down as his next to kin on his hospital records but I dont know how it works alls I can think about is how upset my dad would be right now that she is pushing me out and trying to take over.

The solicitor would know if anyone other than them had power of attorney. Have you asked them?

They won't release the body to anyone who isn't NOK. I'm confused by the solicitor if I'm honest.

@hashbrownsandwhich yes they have said they are the sole executor but I have no idea how to challenge her, maybe she is just trying to throw me off? She is saying her and her husband are in charge of my dads affairs as requested by him but I have no proof of this. My dad died suddenly so its not something that would have been discussed had he have been in hospital per see or if he knew he was dying it just happened suddenly.

@hashbrownsandwhich i guess she is a next of kin as she is his sister but I thought I would have came before her being his daughter, especially when we had a relationship and spoke most days, sometimes twice daily 🙁

You are his next of kin. The solicitor should be able to tell you if you are a beneficiary under the will.

@seasonfinale They have said they cant tell me anything as Im not the executor and only if I am a beneficiary will I be contacted in due course. Im guessing I maybe have to wait for them to obtain his death certificate and grant probate and if I'm not in his will I wont be contacted which im expecting not to be as he already told me his sister had made him change it to be left to her else she wouldnt help him out anymore (he had health problems and drinking issues and would get himself in to undesirable situations and she would help him out) and my dad was the kind of weak person to be manipulated into changing it, he had asked for my help in changing it into my name a few months before he died but I told him I couldn't help and he would obviously have to contact his solicitor. I am upset about my rights regarding the funeral , she only got the chance to arrange it before me because she was contacted first and didnt bother to tell me for a week until she had already made all the plans I just dont know if there is any way I can override this now she has already appointed a funeral director they basically told me shes the client and I'd have to go through her but she doesn't seem to want to discuss anything with me is just holding the whole thing over me and making me wait for her decisions.

Please don’t listen to advice on mn - it’s so often wrong. If the solicitor says the sister was appointed as sole executor then it would seem that’s what happened (in the unlikely event they lied you can complain to the SRA). There’s no such legal concept as a next of kin.

If you are the beneficiary you may be able to remove the executor but it’s difficult to do so. Please get proper legal advice though rather than listen to people on mn.

Sorry for your loss op.

@caroylbaaaskin the solicitor didnt say his sister was appointed. They said they themselves (the solicitor) was the only sole executor of my dads will. His sister may have been a beneficiary if my dad changed his will after his original will was made but not executor its just her telling me she is in charge of his affairs maybe to throw me off.

And thank you I do plan on getting proper legal advice its just the more I can gather and familiarize myself with for free on the laws then the better it is for me when presenting my case to a solicitor and hopefully can save me some money if I have an idea of what I am talking about 😊

The sister is not the executor. As his next of kin you can do what she did and go and change the locks on his house to prevent her going in. I would tell the solicitor who is executor that is what you intend to do. I bet he would soon tell you not to if you are not the beneficiary of the will.