What You Do as Next of Kin
WHAT YOU DO AS NEXT OF KIN
When a loved one passes away, the next of kin assumes vital responsibilities, such as making legal decisions, organising funeral arrangements, and managing the deceased's estate. This article clarifies the term 'next of kin' and its significance in the processes of estate planning and creating a will.
When a loved one passes away, the next of kin assumes vital responsibilities, such as making legal decisions, organising funeral arrangements, and managing the deceased's estate. This article clarifies the term 'next of kin' and its significance in the processes of estate planning and creating a will.
WHO IS CONSIDERED NEXT OF KIN AND WHY?
The next of kin is the closest living relative of an individual. In Australia, this commonly refers to a spouse, de facto partner, or the nearest blood relative. Estate planning documents, like a Last Will & Testament, often use this term. In the event of a loved one's death, the next of kin is usually the first person notified unless another emergency contact is specified.
The next of kin is the closest living relative of an individual. In Australia, this commonly refers to a spouse, de facto partner, or the nearest blood relative. Estate planning documents, like a Last Will & Testament, often use this term. In the event of a loved one's death, the next of kin is usually the first person notified unless another emergency contact is specified.
LEGAL ORDER OF NEXT OF KIN
While Australia lacks an official legal definition for 'next of kin,' various pieces of legislation across states and territories help determine the senior next of kin. The hierarchy is typically as follows:
While Australia lacks an official legal definition for 'next of kin,' various pieces of legislation across states and territories help determine the senior next of kin. The hierarchy is typically as follows:
- Spouse or domestic partner
- Adult son or daughter (eldest surviving takes 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 based on the closeness of the relationship with the deceased person before their death
RESPONSIBILITIES OF THE NEXT OF KIN
A Last Will & Testament designates an executor to handle a person's estate after their death. If there's no valid Will (dying intestate), the next of kin typically assumes this responsibility. To avoid dying intestate, it's essential to create or update a Will.
A Last Will & Testament designates an executor to handle a person's estate after their death. If there's no valid Will (dying intestate), the next of kin typically assumes this responsibility. To avoid dying intestate, it's essential to create or update a Will.
- Making decisions regarding organ donation and post-mortem examinations (if applicable)
- Notifying family and friends of the death
- Registering the death and providing details to authorities within 30 days
- Arranging the funeral
- Finalising the deceased person's financial affairs
- Administering the deceased estate: determining asset values and distributing assets to beneficiaries
FOR FUNERAL PLANNING ASSISTANCE, VISIT THE FUNERA SYDNEY WEBSITE OR CALL (02) 9954 6655 ANY TIME.