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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Who is my uncles next of kin, he is unmarried., has one sister

Customer Question

Who is my uncles next of kin, he is unmarried., has one sister with dementia, but has several neices and nephews, is the oldest neice of nephew is next of kin, or is it his surviving sisters granddaughters?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

my uncle is an elderly bachelor without any children, he has one sister, who is in a residential care home suffering from dementia. who is his next of kin, is it his oldest neice or is it his sisters grand daughter.

Expert:  Jo C. replied 2 years ago.
The legal definition of Next of Kin, is the closest blood relative.

In reality it is the closest relative or whoever decides to take over the administration of the estate of anyone who has died or who wants to apply to become a Deputy over their affairs.

Using the legal definition therefore the closest relative would be his sister’s daughter who is presumably his niece unless it is a deceased brothers daughter but that makes no difference. it would appear that the niece is a closer relative than the sisters granddaughter who is obviously a child of a niece.

Can I clarify anything for you?

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