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:
  • 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.

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