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Acquaintance named me next of kin; died intestate.

97 replies

oopslateagain · 30/06/2023 17:42

An elderly chap "Alan" I have known for a few years died this week. We weren't particularly close friends, I looked after his cat when he was on holiday and I've given him a lift to the hospital when he couldn't get a taxi. Our social interactions were limited to saying hello if I saw him on the street, and texts about his holiday dates when he needed me to cat-sit. He was taken ill a few weeks ago and has been in hospital, so I've been at his flat every day to feed/care for his cat. It was a complete surprise when the hospital called over the weekend saying that as I was next of kin (!) they were notifying me that he was deteriorating and would keep me updated. I've since discovered that he also notified his assisted living facility that I was both next of kin and his emergency contact. He passed away on Monday.

The assisted living facility manager "Mandy" assumed that I was fully aware that Alan had nominated me as next of kin, and also thought that it was likely I was named as executor on his will. We looked (briefly) for a will but couldn't find one. We did however find an insurance policy to cover funeral costs. As the hospital already had me listed as his contact, I spoke to the hospital bereavement service and they have made an appointment for me to register the death next week. I've also spoken to the insurance regarding the funeral, they have put me in touch with the funeral director who will be dealing with it. Mandy is assuming that I will be the person dealing with everything from this point forward, though I did say several times that I'm not actually family and that we need to find his will.

I discovered from his neighbour that he used a will writing company a couple of months ago. I have contacted them, and the will has only just been prepared, it has not yet been sent to him and has not been signed or witnessed, so it's not valid. But they did tell me that I was, indeed, named as executor along with my husband.

I'm not sure where this leaves me, both legally and morally. He has absolutely no family. He lived alone. It's quite possible he died intestate. I'm intending to go to his flat tomorrow and do a proper search to see if I can find an older will, but it's quite possible it doesn't exist. And (legally) is it even ok for me to search his flat?

If there is no will, I don't know if I can do anything at all. Can I still be the one to register the death? Who arranges the funeral - the policy is paid up so the funeral plan is active and will cover the funeral costs.

I have taken his cat home with me as there was nobody else who wanted her, she's settled in nicely with my other cats so that's one problem solved.

I'm not sure what my next steps should be. Any advice at all would be very helpful.

OP posts:
Qbish · 30/06/2023 17:44

You're his next of kin. You can certainly go into his flat to start to sort out his affairs.

Although, are you actually his NOK if you didn't actually agree to it?

fiftyandfat · 30/06/2023 17:52

If you are able to do it, it would be a last kindness to him.
He has a funeral plan, the company will do everything, all you have to do is get in touch with them.
Registering the death is straightforward, the hospital and the funeral director will advise.
There is a government service called " tell us once" that just requires a notification and they will deal with stopping his pension etc.
You can still be guided by the contents of his will, even though he didn't sign it. Poor man. How sad that he had no family.

MyrtlethePurpleTurtle · 30/06/2023 17:53

You sound a lovely acquaintance and very kind.

However, 'next of kin' has no legal meaning and carries no legal rights or responsibilities. It quite often comes down to 'emergency contact'

oopslateagain · 30/06/2023 17:53

Well that's certainly another question I need to ask.

OP posts:
Qbish · 30/06/2023 17:54

MyrtlethePurpleTurtle · 30/06/2023 17:53

You sound a lovely acquaintance and very kind.

However, 'next of kin' has no legal meaning and carries no legal rights or responsibilities. It quite often comes down to 'emergency contact'

Well it does actually. I was appointed someone's NOK by the court, so I could advocate for her.

MyrtlethePurpleTurtle · 30/06/2023 17:54

But they did tell me that I was, indeed, named as executor along with my husband

Who are the beneficiaries under the unsigned will?

MyrtlethePurpleTurtle · 30/06/2023 17:55

Qbish · 30/06/2023 17:54

Well it does actually. I was appointed someone's NOK by the court, so I could advocate for her.

Which isn't the case here

oopslateagain · 30/06/2023 17:59

@fiftyandfat he had very little money or belongings, his (unsigned) will did say where he wanted a couple of things to go, but are we allowed to clear his flat or give things away? I understand that his estate (what there is of it) goes to the crown but does that include belongings?

OP posts:
Maevie · 30/06/2023 17:59

What country did he live in OP? When people die intestate the law dictates what happens with their property, and the law is different in Scotland, England, etc (and of course you might be in Germany or something)! If you are not officially executor as the will was unsigned, that won't be your problem anyway.

Regarding the other stuff - going into his flat and helping with funeral arrangements, I think it's lovely to do if you have time and you want to do it.

fiftyandfat · 30/06/2023 18:01

I am afraid I don't know the answers to those questions, but hopefully someone will come along who does!

oopslateagain · 30/06/2023 18:03

@MyrtlethePurpleTurtle we haven't seen it. The will writing company just named one item he wished to go to a friend. I got the very strong impression there are no savings as such, basically he lived very simply. His entire possessions could easily fit in a normal family car.

OP posts:
vdbfamily · 30/06/2023 18:03

https://www.rochelegal.co.uk/news/what-rights-does-your-next-of-kin-have/

This may help with NOK bit. I guess it is up to you how much you do or do not do. Would the holders of the unsigned will be able to advise. Are they solicitors? They would be witness to what his wishes were but not sure how that is worked out.

What Rights Does Your Next of Kin Have?

What Rights Does Your Next Of Kin Have? | Roche Legal

A ‘next of kin’ is a traditional term which typically refers to a person’s closest relative. There’s a lot of confusion around the term as it’s generally

https://www.rochelegal.co.uk/news/what-rights-does-your-next-of-kin-have

oopslateagain · 30/06/2023 18:03

@Maevie he lived in England.

OP posts:
Sunnysunbun · 30/06/2023 18:05

I can’t help with any legal matters but it just shows what your kindness meant to him.

MissLucyEyelesbarrow · 30/06/2023 18:08

Next of Kin has no meaning in most situations - as the link that @vdbfamily posted explains. More importantly for you, OP, no one has to act as an executor if they don't want to, even if they had agreed to do so in the past (no individual, anyway - different if you have a solicitor acting as executor).

You don't have to do this. It is a huge amount of work, especially if someone's affairs are chaotic. It is lovely that you were a friend to 'Alan' but he is dead now. Do not be guilted into doing the funeral admin or acting as executor. Mandy is paid to sort these things out and, whatever she tells you, this won't be the first time the care home has encountered this situation. Life is short. Just say no.

rileynexttime · 30/06/2023 18:09

t just shows what your kindness meant to him.
Oh well said @Sunnysunbun
and so lovely that your cats have accepted his.

rileynexttime · 30/06/2023 18:10

@MissLucyEyelesbarrow the will isn't signed so there are no executors.

JulieHoney · 30/06/2023 18:11

He was obviously very touched by your kindness to him, OP. You sound really lovely.

ReleasetheCrackHen · 30/06/2023 18:12

Can I still be the one to register the death? Yes, you don’t need to be family to be the informant to register a death.

Who arranges the funeral - the policy is paid up so the funeral plan is active and will cover the funeral costs? You can, but some effort should be made to find his closest blood relatives.

he had very little money or belongings, his (unsigned) will did say where he wanted a couple of things to go, but are we allowed to clear his flat or give things away? No, not without being appointed by the courts first as the estate administrator as he died intestate. Usually the closest blood relative would be appointed, you’d only be appointed if he literally has no family.

I understand that his estate (what there is of it) goes to the crown but does that include belongings? You don’t know that yet, the estate administrator has to publish public notice of the death in case he had debts that need to be paid off first.

MissLucyEyelesbarrow · 30/06/2023 18:14

rileynexttime · 30/06/2023 18:10

@MissLucyEyelesbarrow the will isn't signed so there are no executors.

Sorry, missed that. Don't get guilted into acting as administrator, then (you can be appointed to administer the will if the person dies intestate).

The care system is absolutely ruthless about dumping on anyone it can - usually a middle-aged/older woman. You do not have to do this, OP. It makes no difference to Alan now. And you may find that nasty relatives crawl out of the woodwork and make your life difficult.

Mumof1andacat · 30/06/2023 18:16

As far as I'm aware, if there is no beneficiary to the will or there is no will then the money will go to the government or a 'hier hunter' type company may take the case on find his nearest living relatives.

Redglitter · 30/06/2023 18:16

Well it does actually. I was appointed someone's NOK by the court, so I could advocate for her

Thats a completely different situation to the one the OP is in 🙄

Porageeater · 30/06/2023 18:20

Taking the cat is kindness enough I think. Tell Mandy to sort out the rest.

AgnesX · 30/06/2023 18:24

Poor chap. It sounds like he thought more of you than anyone for the kindness that you showed him.

Very sad for you 💐

ReleasetheCrackHen · 30/06/2023 18:29

MissLucyEyelesbarrow · 30/06/2023 18:14

Sorry, missed that. Don't get guilted into acting as administrator, then (you can be appointed to administer the will if the person dies intestate).

The care system is absolutely ruthless about dumping on anyone it can - usually a middle-aged/older woman. You do not have to do this, OP. It makes no difference to Alan now. And you may find that nasty relatives crawl out of the woodwork and make your life difficult.

There is no will to administer. That is what dying intestate means- dying with no will. The estate will have to be administered according to the intestacy laws of England, Wales, Scotland or Northern Ireland which do differ in terms of beneficiaries rights. There are basic commonalities of you need a court appointed estate administrator, anyone can register the death as the informant and if the funeral is prepaid and those wishes documented with the funeral director they can go forward.

That’s it. You can’t administer an unsigned & unwitnessed will even if appointed as an estate administrator. Ie if the draft will says leave this £ to a cat home and my belongings to my best friend Joe- you can’t do any of it because guaranteed the intestacy laws say otherwise.