Responsibilities of the Next of Kin: A Short Guide by Funera Sydney
Responsibilities of the Next of Kin: A Short Guide by Funera Sydney
When a loved one passes away, the responsibility often falls on the next of kin to make critical legal decisions, organise funeral arrangements, and administer the deceased estate. This article sheds light on the concept of 'next of kin' and its relevance in the realms of estate planning and Will creation.
When a loved one passes away, the responsibility often falls on the next of kin to make critical legal decisions, organise funeral arrangements, and administer the deceased estate. This article sheds light on the concept of 'next of kin' and its relevance in the realms of estate planning and Will creation.
Understanding Next of Kin and Their Significance
The next of kin is the closest living relative of an individual. In Australia, this term commonly refers to a person’s spouse, de facto partner, or closest living blood relative. It holds particular relevance in estate planning documents like a Last Will & Testament.
The next of kin is the closest living relative of an individual. In Australia, this term commonly refers to a person’s spouse, de facto partner, or closest living blood relative. It holds particular relevance in estate planning documents like a Last Will & Testament.
The Legal Order of Next of Kin
While Australia lacks an official legal definition for 'next of kin,' various state and territory legislations provide insights into determining the senior next of kin. The order of seniority typically includes:
While Australia lacks an official legal definition for 'next of kin,' various state and territory legislations provide insights into determining the senior next of kin. The order of seniority typically includes:
- Spouse or domestic partner.
- Adult son or daughter (with the eldest surviving child taking seniority).
- Parent.
- Adult sibling.
- Person named as an executor in the Will.
- Person who, immediately before the death, acted as a personal representative of the deceased.
- Person designated by the Coroner due to the closeness of the relationship with the deceased.
Responsibilities of the Next of Kin
A Last Will & Testament designates an executor to manage a person’s estate after death. In cases where a valid Will is absent, known as 'dying intestate,' the next of kin typically assumes estate responsibility.
To prevent dying intestate, it's crucial to create or update your Will.
In the absence of a Will, the next of kin is responsible for applying for a grant of Probate, enabling them to act as the administrator of the estate. This involves tasks such as accessing accounts, selling property, and distributing assets to beneficiaries, including themselves.
If there's no Will or appointed executor, and the next of kin accepts the responsibility, their duties generally encompass:
It's important to note that the next of kin is not legally obligated to assume the responsibility of estate administration.
This article does not provide legal advice. Consult a legal professional for advice on your personal or financial situation.
A Last Will & Testament designates an executor to manage a person’s estate after death. In cases where a valid Will is absent, known as 'dying intestate,' the next of kin typically assumes estate responsibility.
To prevent dying intestate, it's crucial to create or update your Will.
In the absence of a Will, the next of kin is responsible for applying for a grant of Probate, enabling them to act as the administrator of the estate. This involves tasks such as accessing accounts, selling property, and distributing assets to beneficiaries, including themselves.
If there's no Will or appointed executor, and the next of kin accepts the responsibility, their duties generally encompass:
- Deciding on organ donation and post-mortem examinations for the Coroner (if applicable).
- Informing family and friends of the death.
- Registering the death and providing details to authorities within 30 days.
- Arranging the funeral.
- Managing the deceased person’s financial affairs.
- Administering the deceased estate: determining asset values and distributing assets to beneficiaries.
It's important to note that the next of kin is not legally obligated to assume the responsibility of estate administration.
This article does not provide legal advice. Consult a legal professional for advice on your personal or financial situation.
Grief and Bereavement Support
For those struggling with grief, support is available. Reach out to a friend, family member, or your GP. The Australian Centre for Grief and Bereavement offers valuable information on bereavement services throughout Australia. For immediate help, call Lifeline on 13 11 14.
For those struggling with grief, support is available. Reach out to a friend, family member, or your GP. The Australian Centre for Grief and Bereavement offers valuable information on bereavement services throughout Australia. For immediate help, call Lifeline on 13 11 14.