Responsibilities as Next of Kin with Funera Sydney
Responsibilities as Next of Kin with Funera Sydney
When a loved one passes away, the next of kin assumes significant responsibilities in legal decisions, funeral arrangements, and managing the deceased estate. Here's a brief guide on the role of next of kin in the estate planning and will-making process:
When a loved one passes away, the next of kin assumes significant responsibilities in legal decisions, funeral arrangements, and managing the deceased estate. Here's a brief guide on the role of next of kin in the estate planning and will-making process:
- Understanding Next of Kin
- Definition: The next of kin is the closest living relative, typically a spouse, de facto partner, or the nearest blood relative.
- Relevance: Crucial in estate planning, particularly in documents like the Last Will & Testament.
- Notification: Often the first person informed of the death, unless another emergency contact is specified.
- Legal Order of Next of Kin
- Spouse or domestic partner
- Adult son or daughter (eldest surviving takes seniority)
- Parent
- Adult sibling
- Person named as an executor in the Will
- Personal representative of the deceased before death
- Person determined by the Coroner based on closeness to the deceased before death
- Responsibilities of Next of Kin
- Executor Nomination: A Last Will & Testament designates an executor. In the absence of a valid Will, the next of kin assumes responsibility for the estate.
- Dying Intestate: If there's no valid Will, the next of kin manages the estate. To avoid this, create or update your Will.
- Grant of Probate: If the deceased had no Will, the next of kin applies for a grant of Probate to become the estate administrator.
- Duties Include:
- Deciding on organ donation and post-mortem examinations (if applicable).
- Notifying family and friends of the death.
- Registering the death with authorities within 30 days.
- Organizing the funeral.
- Concluding the deceased's financial matters.
- Administering the deceased estate, including assessing asset value and distributing assets to beneficiaries.
Note: The next of kin is not legally obligated to undertake the estate administration process.