Legal Question in Wills and Trusts in Australia
Nex of Kin
My Dearest Friend has just been killed a road accident. She has two boys aged 18 and 21 years of age. Her grandparents have step in are claiming to be the next of kin and leaving the boys out of any decisins that are being made. Do they have this right given the boys are of leagal age. They are also not them make any decisions on what happens to their mums possesions. Can they leagally do this?
I need to help them with thier rights but provide correct information
1 Answer from Attorneys
Re: Nex of Kin
I assume there is no father.
The issue of dealing with goods is tied up with whether the deceased left a will. If there is a will, administration of the estate is the responsibility of the executor appointed by the will.
If there is no will it seems to me that the sons are likely to be the persons who would be granted letters of administration to administer the estate.
While the grandparents may have some moral authority I suspect they have no legal authority - whether in relation to the boys or the esate generally.
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