Next of Kin

PalLimerick

Not looking for legal advice, just discussion on this scenario.

A man has been married twice, divorced both times. The man is now deceased. One Ex Wife in England, One ex Wife in Canada. Both parents of the Man are deceased.

Has a brother living in England.

He has 3 children living in Canada.

Who is the deceased Mans Next of Kin?

I'd be of the opinion it's his children. The brother living in the UK said it's him.

Any input appreciated.

GerardKeating

PalLimerick wrote: »

He has 3 children living in Canada.

How old are the childern, still minors ?

PalLimerick wrote: »

Who is the deceased Mans Next of Kin?

"Next of Kin" for what purpose? If inheritance, then obviously the kids.

If for someone to assume the role of executor of estate and the kids are minors, then perhaps the brother.

Of course and actual will would/could resolve all the assumptions.

alchemist33

Yes, depends on the context. In my experience the term has no legal standing and lots of people erroneously believe it gives them some powers if their relative is incapacitated or loses the ability to make decisions. In hospitals it really means who do staff contact in an emergency.

Locotastic

alchemist33 wrote: »

Yes, depends on the context. In my experience the term has no legal standing and lots of people erroneously believe it gives them some powers if their relative is incapacitated or loses the ability to make decisions. In hospitals it really means who do staff contact in an emergency.

This covers it exactly, it has no real legal meaning. It's simply the person who would be informed/be a contact in the case of medical things.

It does not give power of attorney to the next of kin. Next of kin simply refers to blood relatives and, in medical terms, means the person to contact in an emergency.

Now inheritance is another matter completely.

PalLimerick

Thanks for both replies. If the deceased used to be a singer when alive. Now a company were to release Merchandise of him after his death, who would be his Next of Kin as in who would receive any profits of merchandise? His Brother or Children.

I think it would be whoever was in charge of his estate. That brings me to the issue, I'm not even sure if there's an estate.

But thanks again for taken the time to reply.

Marcusm

PalLimerick wrote: »

Not looking for legal advice, just discussion on this scenario.

A man has been married twice, divorced both times. The man is now deceased. One Ex Wife in England, One ex Wife in Canada. Both parents of the Man are deceased.

Has a brother living in England.

He has 3 children living in Canada.

Who is the deceased Mans Next of Kin?

I'd be of the opinion it's his children. The brother living in the UK said it's him.

Any input appreciated.

As the other posters have said, it depends on the purpose. If there is no will, there is a priority order which determines who may apply to administer an intestate estate. A child takes priority over a sibling. However, as both are non-Irish resident, I am not sure that either could xcarry out the functions wffectively.

Locotastic

PalLimerick wrote: »

Thanks for both replies. If the deceased used to be a singer when alive. Now a company were to release Merchandise of him after his death, who would be his Next of Kin as in who would receive any profits of merchandise? His Brother or Children.

I think it would be whoever was in charge of his estate. That brings me to the issue, I'm not even sure if there's an estate.

But thanks again for taken the time to reply.

Now copyright, royalties and intellectual property rights etc can be complex but simplistically his children's inheritance rights trumps the brothers.

GerardKeating

PalLimerick wrote: »

If the deceased used to be a singer when alive. Now a company were to release Merchandise of him after his death, who would be his Next of Kin as in who would receive any profits of merchandise? His Brother or Children.

Any such rights/royalties would be part of the estate.