what rights do i have?

Question

my step father is going to put me down as next of kin in hospital and not his son [which he has nothing to do with] where do i stand after been stated as next of kin but he leaves no will, this is in the uk

Answer 1

Basically unless he adopted you as his own child then none. This is a separate act to marrying your mother. They both would have had to sign papers (as well as your biological dad assuming he was alive or contactable) saying you were now his legal responsability.
His son and any other children will share it all, assuming his wife is dead or divorced.

Tell him this, tell that unless he wants his son to get his money and estate then he had best write a will giving it all to you or whoever he wants things to go to.
Next of kin just means that you decide his medical options if he is incapacitated. It doesnt give you any rights to his estate when he dies at all.
Everyone should make a will. It lets you make the decisions rather then some idiot in government.

Answer 2

Next of kin just means you have may the authority to make legal decisions (depending on the specific laws in question).

And the next of kin designation may count for purposes of having a will in determining who gets what, rather than following the normal rules for intestate succession.

You are not legally obligated (from what I understand of UK law -- I'm not a solicitor there) to do anything just because you are next of kin -- you have options, but no requirements.

That's my understanding -- consult a solicitor to get an actual answer as to your legal rights and obligations.

Answer 3

I'm not familiar with the laws of the U.K. But in America,
once a person is declaired a next of kin with out a will,
there's a legal proceding called Probate- it's something to be avoided. Ask him to, while he's still alive, to make a legal will. My father's aunt didn't leave a will, either, and that caused problems. Someone conned her into giving up everything that I and my family were to inherit. Then someone claimed we approved that, but we never did. Someone could do that to your family, too, if there's no will. Believe me, you don't want that. You have to do something while your step father is still alive.

Answer 4

Next of kin on a hospital form is just someone to contact if there's a problem. When someone dies without leaving a will, next of kin means their nearest blood relation.

Answer 5

My partner listed me as her next of kin even though we weren't married. This meant it was I who had to sign consent for surgery forms once she was in a coma not her sisters, or daughter, and eventually even had they not agreed the consent to switch off the life support. She left no will so her daughter received every thing, I even lost the tenancy on our council house.

Answer 6

Putting you down on the hospital paper work means you are the person they will contact if needed. If has absolutely ZERO effect on the legal rights of ANYONE before or after death.

Answer 7

the person who medics will contact if there is problem and arranging funerals etc but if no will it goes to probate ..then all fam members come out of closet so be careful have same problem at mo mind you will have to make my own will ..... as have also elderly relative with heart condition in heart failure and you don't want to worry her and if you mention will its..... I'm not at that stage yet ......... oh well its her money don't need it..... not going to fight for it ....but its annoying as those who will inherit have done nothing for her no kids so its whoever .........going to write mine right now ......

Answer 8

you are his next of kin and unless his will says other wise everything will go to you

Answer 9

the rights are equal for all human been.

Answer 10

use nurses to serve to you.