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Next of kin ?

  • 03-02-2008 9:56pm
    #1
    11.3 SECONDS
    Registered Users, Registered Users 2 Posts: 72 ✭✭


    This is not a request for legal advice. It is simply a theoretical point of debate that arose recently.

    What, if any, is the order of priority in determining who is "next of kin" ?

    Does "next of kin" have different meanings in different contexts i.e. succession issues or deciding who gets called if a life support machine is to be switched off.

    A hypothetical situation.

    A has the following ;

    living siblings,
    a deceased spouse,
    no living children,
    grand-children [issue of her children],
    living daughters in law.

    Leaving out issues of testacy/intestacy, power of attorney or the like who has priority as "next of kin" ?

    Is there case law ?

    How would any such potential conflict be resolved between parties competing to be regarded as "next of kin" or is that an issue that would have to be litigated and decided on it's peculiar merits ?


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