Who is Next of Kin in these circumstances?

[Aydel]

A friend’s DP died suddenly a few days ago. They had been together 20+ years but never married. They have a 17 year old son. There was no will.

My friend has been told that as they weren’t married, she’s not NOK, so can’t do probate/letters of administration. Her DP’s NOK would, in this case, be either his mother, who is in a hospice, on end of life care with terminal cancer, or his estranged brother, whom they haven’t seen for years, don’t know where he is. Does it have to be one of these two, who sign off the paperwork, or could it be the DS, once he turns 18 at the end of the month?

NOK doesn’t have a legal definition.
the executor for probate is named in the will surely.

But there isn't a will, Helen.

There was no Will.

OP I would seek legal advice asap and try to pause everything until the son turns 18 if possible.

@Helenloveslee4eva there is no will.

it’s usually the closest blood relative if you have no spouse.

I would imagine it can’t be DS here because he was a child at the time of death. So yes, mother followed by the brother. If neither of those are possible I would get legal advice.

@Helenloveslee4eva read the OP. There is no will.

There is a simple guide on the .gov.uk website OP just google "Dying intestate" and it is the first link.

The son will inherit the estate, so long as his virth certificate names the deceased as his father, and he can apply to administer the estate as the "most entitled person" as soon as he turns 18.

If there is not a willIf the person did not leave a will, the most ‘entitled’ person can apply to become the administrator of the estate.

This is the closest living relative - normally the husband, wife or civil partner (including if you were separated) followed by any children 18 or over (including legally adopted children but not step-children).

The estranged brother could apply to administer the estate as could anyone with a connection - the status will be awarded literally to the most entitled (closest) person who applies.

Thank you - that’s hugely helpful to know that her DS can do it once he turns 18.

The son can also immediately nominate another person to do the actual work. Most 18yos would be totally overwhelmed and they don't actually have to do anything other than signing the form to claim the right to administer the estate and then sign the form to assign that right to someone else. If there isn't anyone appropriate a solicitor will do it for a fee (consider this if the estate is large enough to bear such costs)

The estate is small. The intention is that a friend does all of the paperwork and the DS just signs it. Friend has experience of applying for probate for parents’ estate and is very happy to help.

You don’t need to be next of kin to be an executor, who is the person who files for probate and distributes the estate according to the will.
I would avoid getting a solicitor to act as executor if it is straightforward estate. ie. not loads of trusts or complicated financial or property arrangements, as the deceased’s family will have to do most of the donkey work of providing information anyway.

OP says there is no will. The estate must therefore be administered by a blood relative, and the law sets the order of priority.

OP couldn't be any clearer that there is no will, how can people not even be bothered that far 😭

THERE IS NO WILL, PEOPLE.

OP, you have some good advice here (except for those who haven't bothered to read your post. What an awful situation 😔

Think this reinforces its so important to have a will - esp if kids & not married

I think given the DS is 18 in a matter of weeks, it would be possible to prepare the paperwork and just have him sign ASAP when he's 18 and apply per the link posted by a PP..
Hopefully the estranged brother isn't interested in getting involved, does he even know? Sounds like the mum is not in a position to do anything

You won’t need to apply for probate just yet. If the ds turns 18 soon, wait then and she can help him with it all. It’ll be too much at the minute anyway, wait for the dust to settle.