MoD interpretation of Next of Kin - Service record requests.

[newburychap]

My wife is interested in obtaining her father's WW2 service record from the MoD.  Looking at the relevant form it appears that she is able to apply as next of kin - though, strictly speaking that is her elder brother.  While obtaining his consent would not be a problem I was wondering if the MoD really accept all children as next of kin, or just the eldest, or the eldest male (though I assume that this latter case would no longer apply).

[KGarrad]

It's clearly stated on the forms!
(Application Form Part 1 for Next of Kin)

The immediate Next of Kin whose consent is required for disclosure of the record is the first Person in the following list that is still alive.

• Read the list below and when you come to the first living relative of the deceased subject place an ‘X’ in the box and write their full name next to it. This process will enable you to identify the person who the MOD will regard as the immediate Next of Kin.

Spouse / Civil Partner
Son / Daughter
Grandchild
Father / Mother
Brother / Sister
Nephew / Niece
Grandparent
Other

[newburychap]

I agree that the form suggests that any child can apply as next of kin, but 'Son/daughter' is not very clear - which son or daughter? How many next of kin can one have?  If there are multiple next of kin can one act in isolation of and, perhaps, against the wishes of the others?

[KGarrad]

They don't ask whether the son/daughter is the eldest child or not!
So, I would say that all are treated as equal

You seem to be looking for problems that aren't there? IMHO!


This isn't a legal definition of "Next of Kin"?
Simply who the MOD will regard as the immediate next of kin.

[rosie99]

I understood that there was no priority of siblings when applying for it.  As you have to pay the £30 I doubt they would worry.

[IMBER]

She should just say she is next of kin. How can they check? Why would they want to? In a few years' time all these records will be freely available in the National Archives. They are already available to any researcher where the subject has died more than twenty-five years ago.

Imber

[Jebber]

She should simply tick the box beside son/daughter and write daughter where it asks for next of kin relationship. As far as I am aware the only time the eldest child takes precedence is in in heritance matters, which do not apply in this case.

[Greenvale]

My wife obtained her father's service record from the RAF without any difficulty despite her older sister  being still alive and without having to get her permission.

[StevieSteve]

You seem to be looking for problems

Let's try a bit harder at that...

If I'm the mother of a divorced deceased serviceman who left a child now aged 5, whose consent do I need?