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Next of kin query

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  • Next of kin query

    Briefly a non family member managed to get themselves nominated as next of kin in a testators new Will.
    there is a caveat in place preventing probate being granted so can the person claim themselves as next of kin in the meantime? Or only when probate granted?
    thanks
    Tags: None

  • #2
    Do you mean executor?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Originally posted by atticus View Post
      Do you mean executor?
      no, in the Will the testator nominates a non family person as NOK. This was inserted by a third party
      there is no other document where they are mentioned. As soon as Will was written they started to refer to themselves as NOK to everyone.

      Comment


      • #4
        I can't see any point naming a NOK in a will, unless the will states "I leave my Next of Kin, Joe Bloggs, whatever"

        Do you know what the will says about the NOK and why the caveat has been lodged?

        The testator may have wanted the NOK to have POA but putting that in a will is a bit late

        Comment


        • #5
          I assume this is a Will under English law.

          I agree with the previous post. Under English law "next of kin" has no specific legal meaning. You can designate someone as your next of kin if you wish even if they are a friend and not related to you but it gives that person no particular rights by itself.

          https://www.thegazette.co.uk/all-notices/content/104016


          ​​​​​​
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            If it has no legal standing then that’s ok
            Thanks

            Comment


            • #7
              Would you be able to give us the exact wording that has given rise to this question?
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Originally posted by atticus View Post
                Would you be able to give us the exact wording that has given rise to this question?
                pay the residue to xxxxxxxxx who I asked to be my NOK

                Comment


                • #9
                  So "xxxxxxxxx" inherits under the will because she/he is the named beneficiary for the residue of the estate. The words "who I asked to be my NOK" are not needed and and add nothing to the meaning of the will and give her/him no extra entitlements.

                  ​​​

                  All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                  Comment


                  • #10
                    Indeed.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment

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