Cracking The Code Of Next Of Kin: Your Guide To Responsibilities
Cracking The Code Of Next Of Kin: Your Guide To Responsibilities
When a loved one passes, the next of kin steps into the spotlight, shouldering legal decisions and managing the estate. At Funera Sydney, we simplify this intricate process for you.
Decoding the Next of Kin Role
In the Aussie legal landscape, 'next of kin' usually means the closest blood relative – spouse, de facto partner, or the nearest kin. This key player is the first contact in case of a loved one's passing, responsible for crucial decisions and estate matters.
Navigating the Next of Kin Hierarchy
While Australia lacks a formal 'next of kin' definition, state laws outline the hierarchy:
- Spouse or domestic partner
- Adult children (eldest surviving takes precedence)
- Parent
- Adult sibling
- Person named as executor in the Will
- Person representing the deceased pre-death
- Person chosen by the Coroner based on pre-death closeness
Unveiling Responsibilities
The Last Will & Testament designates an executor, but without one, the next of kin steps in, especially if the deceased had no Will. To dodge intestacy, craft or update that Will. If no Will exists, the next of kin secures a grant of Probate, becoming the estate's administrator. This role covers decisions on organ donation, notification of death, funeral arrangements, financial affairs, and estate administration.
Remember, the next of kin isn't legally bound to take on estate duties.
This article serves as guidance, not legal advice. For specific situations, consult a legal professional.
GRIEF AND BEREAVEMENT SUPPORT
Coping with grief post-loss is tough. Reach out to friends, family, or your GP. The Australian Centre for Grief and Bereavement offers info on bereavement services. For immediate help, call Lifeline on 13 11 14.
For funeral inquiries, contact Funera Sydney:
Sydney: (02) 9954 6655 | (02) 9954 6655
Newcastle: (02) 4955 1110
Wollongong: (02) 4243 8755