Next of kin

[SarahI]

I wonder if I could get some advice

my father is currently in an induced coma with covid and it does not look like he is going to pull through

he has named my cousin as his “next of kin” and she lives in Switzerland

My father is not named on my birth certificate and we only met 7 years ago I am 32.

when my father was admitted to hospital he gave a friend the keys to his rented flat and told him not to give them to anyone which he is now saying he made a promise and will not give the keys to my cousin or myself. We need to find out whether his rent is being paid and they are refusing to give us the landlords details (which they have)

where do we stand with obtaining the keys and this information

thank you for your help

[Manxman]

If all you are doing at this stage is trying to ascertain if his rent is being paid, why don't you ask the friend to find out? (Look at it this way - your father entrusted the keys to this friend and told him not to give them to anyone - and the friend is honouring this. If the friend is keeping to this promise then he must respect your father and I'm sure he would be happy to help. Have you asked him to find out about the rent and has he refused to help?)

The term "next of kin" is absolutely meaningless and has no legal significance whatsoever. It's just that hospitals ask (lazily in my view) for next of kin simply as someone to contact if the hospital needs to. By itself iIt doesn't give the next of kin any legal rights whatsoever.

I'm sorry to ask this - but do you know if your father has made a will? If you do know - fine; but if you don't know I suggest you find out from him when he recovers as you and his cousin need to know.

If the worst happens, the website below explains what should happen whether he left a will or not. Note that there is no mention of next of kin anywhere.

Applying for probate: Who can apply - GOV.UK (www.gov.uk)

I apologise if this is none of my business - perhaps it isn't - but assuming your father recovers, you might want to tactfully broach with him what he wants to happen to his estate in respect of you when he dies. If there is no evidence that he was your father, things will be difficult if he doesn't leave a will with you in it... (Apologies for asking)