Enable family of deceased domestic abuse victims to challenge next of kin rights

Background

Enable family members to challenge next of kin rights when a family member passes away, and the family suspect the spouse has been abusive. If there is documented abuse, even if no further action has been taken, the family should be able to challenge kinship.

Additional details

If a victim of domestic abuse passes away, and they are married, but did not write a will, their abuser automatically retains next of kin rights. This means they have the power to ban family members from the funeral, decide what happens to the body (burial/cremation), even what happens with ashes if they are cremated. We believe that the current law protects the abuser and allows them to carry on abusing their victim even in death, and by extension torturing the victim’s family members. They do not have to take the family's wishes in to account.

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