can u make someone your next of kin?
17 November 2004, 09:30 PM
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Isn't next of kin only somebody who would be contacted first in case anything happened to yourself?
I'm not sure how anything legal comes into it?
You can change your "nominated" person with anybody you wish. i.e doctors, hospital etc.
A phone call is all it would take as far as I can see.
You certainly don't have to be married to them.
I'm not sure how anything legal comes into it?
You can change your "nominated" person with anybody you wish. i.e doctors, hospital etc.
A phone call is all it would take as far as I can see.
You certainly don't have to be married to them.
17 November 2004, 09:42 PM
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If you are asking because you and a partner are sharing a house and you should die, then yes the property would need to be sold and your next of kin would receive the proceeds.
Your partner would have a fight on her hands to get her share.
A will however will stop this.
Your partner would have a fight on her hands to get her share.
A will however will stop this.
17 November 2004, 09:45 PM
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Married with Children (separated people are treated under these rules as still being married)
Your spouse gets:-
a) car and house contents, plus
b) first £125,000 of your estate, plus
c) 6% interest on half of any surplus (only interest, your spouse cannot touch the capital)
Plus, your children (stepchildren get nothing) get:-
a) half of any excess over £125,000 outright, plus
b) the other half of the excess when your spouse has also died
Married with No Children but with Parents and/or Brothers and Sisters
Your spouse gets:-
a) car and house contents, plus
b) first £200,000 of your estate, plus
c) half of any excess over £200,000 outright
Plus, your parents or (if none alive) your brothers and sisters get:-
a) Balance ie half of any excess over £200,000 outright
Married with Children and No Parents or Brothers and Sisters
Your spouse gets everything
Single, Widowed or Divorced (but not separated)
Everything goes to your children (if any), otherwise to your parents (if alive), otherwise to your brothers and sisters (or their children), otherwise your grandparents (if alive), otherwise your uncles and aunts (or their children), otherwise to the government!
Your spouse gets:-
a) car and house contents, plus
b) first £125,000 of your estate, plus
c) 6% interest on half of any surplus (only interest, your spouse cannot touch the capital)
Plus, your children (stepchildren get nothing) get:-
a) half of any excess over £125,000 outright, plus
b) the other half of the excess when your spouse has also died
Married with No Children but with Parents and/or Brothers and Sisters
Your spouse gets:-
a) car and house contents, plus
b) first £200,000 of your estate, plus
c) half of any excess over £200,000 outright
Plus, your parents or (if none alive) your brothers and sisters get:-
a) Balance ie half of any excess over £200,000 outright
Married with Children and No Parents or Brothers and Sisters
Your spouse gets everything
Single, Widowed or Divorced (but not separated)
Everything goes to your children (if any), otherwise to your parents (if alive), otherwise to your brothers and sisters (or their children), otherwise your grandparents (if alive), otherwise your uncles and aunts (or their children), otherwise to the government!
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17 November 2004, 09:51 PM
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thanks mate thats excellent info.
are u saying that the above is not taken into account if i have a will (i.e. the monetary rules only apply if a will does not exist)?
example: separated and a will exists leaving nothing to estranged spouse. does that mean the spouse still has a claim on the first 200k, or does the will veto that?
are u saying that the above is not taken into account if i have a will (i.e. the monetary rules only apply if a will does not exist)?
example: separated and a will exists leaving nothing to estranged spouse. does that mean the spouse still has a claim on the first 200k, or does the will veto that?
17 November 2004, 10:03 PM
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The will will veto any claim from whoever wishes to have a go.
It may not stop people trying as you can try to contest anything today it seems, but the will represents your wishes and any judge will see that.
All the above is how I see it but I would say talk to your solicitor. Do not do a "Blue peter" will, pay a little more (£75ish) for a decent will.
It may not stop people trying as you can try to contest anything today it seems, but the will represents your wishes and any judge will see that.
All the above is how I see it but I would say talk to your solicitor. Do not do a "Blue peter" will, pay a little more (£75ish) for a decent will.
17 November 2004, 10:04 PM
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Originally Posted by milo
thanks mate thats excellent info.
are u saying that the above is not taken into account if i have a will (i.e. the monetary rules only apply if a will does not exist)?
example: separated and a will exists leaving nothing to estranged spouse. does that mean the spouse still has a claim on the first 200k, or does the will veto that?
are u saying that the above is not taken into account if i have a will (i.e. the monetary rules only apply if a will does not exist)?
example: separated and a will exists leaving nothing to estranged spouse. does that mean the spouse still has a claim on the first 200k, or does the will veto that?
17 November 2004, 10:06 PM
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Originally Posted by Tentenths
What Spoon has quoted only applies if someone dies "intestate" i.e. without a will.
17 November 2004, 10:15 PM
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Originally Posted by Spoon
Errrrr, that was the reason for posting it!
I was actually answering Milo's query i.e. does a Will supersede the intestate rules (but you beat me to it anyway).
17 November 2004, 10:17 PM
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Originally Posted by Tentenths
Sorry Spoon, sloppy wording on my part I'm afraid
I was actually answering Milo's query i.e. does a Will supersede the intestate rules (but you beat me to it anyway).
I was actually answering Milo's query i.e. does a Will supersede the intestate rules (but you beat me to it anyway).
Please don't tell the mods on me.
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