Who is my son’s next of kin

If he doesn't have a long term partner, you are his next of kin
is he unwell?

If your son dies without a will, the estate would be distributed according to the rules of intestacy. It's a bit more complicated than what you say. It will differ depending on where he lives, e.g. the rules are different in England and Scotland.

www.gov.uk/inherits-someone-dies-without-will

His parents until he has a legal partner.

Stating the obvious - your Adult Son really should have a will, especially as he will soon be a home owner. Do you know who he has nominated to receive his pension should the worst happen?

He does need to make his wishes clear with a will. Otherwise your ex could make things very difficult should your son pre-decease you.

Assuming your son isn't married, the house would be inherited by whomever your son named in his will, even if that was the donkey sanctuary. If he doesn't make a will then I believe you and your ex DH would both be classed as next of kin and the proceeds split. You could however contest it but it's a lengthy and expensive process and far from guaranteed. Far easier to just make a will in your favour. It's easy to do.

He’s not unwell but he really does not lead a healthy lifestyle. Sometimes I worry for his future, he has had a history of depression and binge drinking to the point that he has lost a job because of it in the past. Though he does hold down a very well paid job now that he seems to enjoy and is driven by it. Also, he lives off takeaways unless of course someone else is cooking for him (like me, every Sunday, to help make sure he gets at least one decent meal a week!

I actually think he’d rather any inheritance he may have to give in the future he would rather go to his step siblings children. I must now talk to him about this. He isn’t married or in a long term relationship or has any children of his own

If there is no will then both his parents would inherit equally i wpuld assume?

I thought these days you could nominate anyone you liked as next of kin, in fact I thought it was an outdated concept. In cases of intestacy it is family who benefit. Wondering if who you name on your passport would carry any weight.

My daughter died in August - I am her next of kin, not her father and not both of us together - just me.

You can nominate anyone to be your next of kin - a relative, a friend or a neighbour. It's entirely up to your son, but he needs to write it down somewhere - if he is ill doctors/hospitals will usually only divulge information to the next of kin.

My son refers to his father as his 'biological parent'. When he was single he had a will leaving everything to me, not that he had much but as he traveled widely it was good to have.

As I recall from career in Mental health..involving Sectionning under MHAct... admittedly a long time ago

Next of kin can be whomever a person has chosen to be named as such. Friend or relative or neighbour or anyone really as long as named person knows.
However the "nearest relative" is legally defined ( and has to be consulted if traceable) in formal situation such as sectionning
The nearest relative is tightly defined as older of 2 parents if alive and known, or responsibility then passes to a sibling , oldest first etc. And so on down predetermined line. Someone can make wishes known that do not want to act as a nearest relative and pass on responsibility to next in line.

Your son needs to have a will.End of story.

Oh sorry, to answer your original question, next of kin can be whoever the person chooses to put on their documents, medical records etc so if you are happy with it, your son should say you, as it doesn't look as though he has any siblings. he could put the name of say a trusted cousin if there is one too.

Someone said here it's complicated by the place, eg. Scotland or England or Wales, Ireland, and I agree as the rules of intestacy vary. I did wonder why you were asking tbh - has your child got a large mortgage you are frightened will come to you as a problem, or has your child got a lot of money or death in service in benefits you are worried will go elsewhere? I have children and I have slight worries about my grandchildren if their parent dies young but not to inherit. Mostly children out-live their parents

You may be able to nominate anyone as your next of kin, but this is beside the point here. OP's son has obviously not nominated anyone.

THere are two issues here, who the next-of-kin is at present, and who inherits if this young man should die intestate.

To find out, Op needs to consult a solicitor, as the law is presumably different on these points in England and in Scotland, and strictly speaking we do not even know where the people involved live.

MrsSquirrel

If your son dies without a will, the estate would be distributed according to the rules of intestacy. It's a bit more complicated than what you say. It will differ depending on where he lives, e.g. the rules are different in England and Scotland.

www.gov.uk/inherits-someone-dies-without-will

Do get him to make a will! If he doesn’t, does he realise that at least some of his assets would go via intestacy rules to the father he doesn’t like?

I believe an unmarried child's parents are next of kin. Should he marry, then his wife becomes next of kin, then any children he may have. It is possible to make a free will nowadays. Most charities have an option to make a free will. Worth suggesting.

This is very helpful from Citizens Advice . www.citizensadvice.org.uk/family/death-and-wills/wills/#:~:text=It%20is%20important%20to%20choose,of%20someone%20who%20has%20died.

The next of kin isn't automatically the executor or beneficiary of your will so these both need to be made clear in the will.

So sorry to hear the loss of your daughter, LisaP

Normally it's closest relative but you can actually legally nominate anyone eg a friend as next of kin if you want.

Get your son to male a simple will. My son's didn't have a will until they bought their houses.

As others have said. The only way to make sure his father doesn't have any claim on his estate is to write a will.