Funera Sydney Answers: What are My Responsibilities as Next of Kin?
In times of loss, the responsibility of making crucial legal decisions and funeral arrangements often falls upon the shoulders of the next of kin. At Funera Sydney, we understand the importance of this role throughout the process of estate planning and the creation of a Last Will & Testament.
The term 'next of kin' designates the closest living relative of an individual. In the Australian context, this commonly includes a person's spouse, de facto partner, or nearest living blood relative. It is a pivotal term frequently cited in estate planning documents, such as the Last Will & Testament.
Upon the passing of a loved one, the next of kin is typically the first to be informed, unless an alternate emergency contact is specified. This individual assumes the responsibility of making crucial decisions and managing the affairs and estate of the deceased person.
While Australia lacks a formal legal definition for 'next of kin,' various pieces of legislation across states and territories provide guidelines on determining the senior next of kin. The order of priority generally includes:
- Spouse or domestic partner
- Adult son or daughter (with the eldest surviving taking seniority)
- Parent
- Adult sibling
- Person named in the Will as an executor
- Person who, immediately before the death, was a personal representative of the deceased person
- Person determined by the Coroner due to the closeness of the relationship with the deceased person before their demise
When a valid Last Will & Testament is in place, an executor is nominated to manage the deceased person's estate. However, in cases of dying intestate, where no valid Will exists, the next of kin typically assumes this responsibility. To avoid dying intestate, it is crucial to create or update your Will.
In instances where no Will is present, the next of kin must apply for a grant of Probate to become the administrator of the estate. This role grants them access to accounts, the ability to sell property, and the distribution of assets to beneficiaries, including themselves.
Responsibilities of the next of kin may include:
- Decision-making on organ donation and post-mortem examinations (if applicable)
- Notification of family and friends of the death
- Registration of the death with relevant authorities
- Organisation of the funeral
- Resolution of the deceased person's financial affairs
- Administration of the deceased estate, including assessing asset value and distributing assets to beneficiaries
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This article provides insights and general information and is not a substitute for legal advice. For specific advice tailored to your personal or financial situation, consult with a legal professional.