In Short
- Next of kin refers to a person’s closest living relative and is often used for legal and medical purposes.
- Knowing who is designated as next of kin assists with decision-making in emergencies or when a person is incapacitated.
- Business owners should ensure their personal and business affairs recognise their intended next of kin to streamline processes.
Tips for Businesses
Business owners should clearly document their preferred next of kin for both personal and business matters. This designation can aid in decision-making during emergencies and reduce confusion. Maintain updated records and communicate openly with those involved to ensure smooth operations if unforeseen circumstances arise.
In Australia, there is no legal definition of ‘next of kin‘. However, circumstances may arise where the term ‘Next of Kin’ is relevant. Australia does not legally define this term, but it typically refers to a person’s closest living blood relative, such as their spouse, child, parent, or sibling.
Usually, the Next of Kin is the emergency contact if anything happens to someone.
When someone dies without leaving a valid will, known as ‘dying intestate,’ the law grants their ‘Next of Kin’ certain rights and responsibilities over the deceased’s estate, funeral arrangements, and other related matters.
The Next of Kin requires a court-issued grant of Letters of administration to formally take on this role.
What is a Grant of Letters of Administration?
A court issues letters of administration as a legal document that grants someone the authority to manage the estate of a deceased person who did not leave a valid will.
To get this grant, the Next of Kin has to apply to the relevant court, typically the Supreme Court in the state/territory where the deceased person lived. The court will review their application and evidence proving they are the rightful next of kin before approving and issuing the grant.
Who Does Australian Law Recognise as the Next of Kin for a Deceased Person?
The Succession Act in each State/Territory sets out the priority and list of the Next of Kin closest to the deceased. Guidelines for determining the ‘senior next of kin‘ can also be given. Generally, the list is as follows:
- If the deceased was married, their spouse is considered the Next of Kin.
- If there is no spouse or the spouse is unavailable, then any of the deceased’s adult children become the Next of Kin.
- If there are no children or they are unavailable, then either of the deceased’s parents is the Next of Kin.
- If the parents are not alive or available, then any of the deceased’s adult siblings are the Next of Kin.
- If there are no siblings or they are unavailable, then either:
- any person named as the executor in the deceased’s will; or
- the person who was the legal representative for the deceased before their death.
What are the Responsibilities of the Next of Kin?
A person writing a Will nominates an executor to handle the distribution of their assets after they die. This involves collecting all assets, paying all assets, dividing their money and possessions, and distributing such assets to the beneficiaries as set out in the Will.
The Next of Kin may also be responsible for arranging other duties, including:
- making funeral arrangements and handling related costs;
- registering the person’s death with relevant government agencies and organisations;
- notifying friends and family of the person’s death;
- accessing the deceased’s assets, such as bank accounts and safety deposit boxes;
- looking after the deceased’s financial affairs; and
- distributing the deceased’s personal belongings according to their wishes or intestacy laws.
Disputes Over Next of Kin
Next of kin disputes are not uncommon, especially when there is no will or certain family members believe they have not been adequately provided for from the deceased estate. In such situations, you should always seek legal advice.
If There is No Next of Kin
When a person dies in a hospital without any known next of kin, friends and no apparent assets, the hospital is responsible for organising the funeral arrangements through the relevant state or territory government agency.
If the death occurred at a private residence, once a doctor has certified the cause of death, the police will report the matter to the State or Territory Coroner. The Coroner has the responsibility for arranging burial or cremation of the deceased, known as a “destitute person’s funeral”. A deceased person with no money or assets and whose relatives and friends cannot pay cremation or burial costs is a “Destitute Person”.
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For a person who died leaving sufficient assets to cover funeral expenses, but no next of kin, the Public Trustee in that state or territory takes charge of administering the deceased’s estate. This includes arranging and paying for the funeral from the deceased’s funds and assets.
The specific agencies involved and procedures can vary slightly between the different states and territories in Australia. Government authorities generally ensure dignified funeral arrangements for those without next of kin, regardless of whether the deceased had assets.
Key Takeaways
The term ‘Next of Kin’ refers to a person’s closest living blood relative, typically their spouse, child, parent, or sibling. Guidelines for determining the Next of Kin often start with the spouse, then move to adult children, parents, siblings, and so on.
When someone dies intestate, meaning without a valid will, their Next of Kin assumes the executor’s responsibilities and legally acquires certain rights and responsibilities regarding the estate. These duties include distributing assets, making funeral arrangements, and notifying relevant parties. To formally assume this role, the Next of Kin must obtain a court-issued grant of Letters of Administration. If there are disputes over the status of Next of Kin, seeking legal advice and making applications to the court is advisable. In cases where a person dies without a known Next of Kin, relevant government agencies and the Public Trustee manage funeral arrangements and the administration of the estate.
Frequently Asked Questions
In Australia, ‘Next of Kin’ typically refers to a person’s closest living blood relative, such as a spouse, child, parent, or sibling. They often act as an emergency contact and, if someone dies without a will, may assume legal responsibilities related to the deceased’s estate and funeral arrangements.
If no one finds a Next of Kin, the Public Trustee manages the deceased’s estate and uses available assets to cover funeral costs. If no assets exist, government agencies arrange a state-funded funeral. Hospitals or coroners handle necessary procedures to ensure dignified arrangements for those without family or financial resources.
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