A person's next of kin is typically their spouse or closest living relative. The following hierarchy determines who is the most senior next of kin (in order): spouse or domestic partner; adult son or daughter (eldest surviving takes seniority);
There is a hierarchy which determines who is deemed closest to you as “next of kin.” Your spouse or civil partner comes first, then your children, then your parents, siblings, grandparents in that order.
In Australia, the term 'Next of Kin' means a person's spouse, domestic partner or closest living blood relative who is over 18 years of age. Whilst there is no formal legal recognition or legal rights of Next of Kin, they play a very important role if a person dies without a valid Will.
If the children are younger than 18, they cannot be named as next of kin - in this case, their parents would be given the responsibility. If there is no surviving spouse, civil partner or children over the age of 18, the deceased person's parents will then usually be their next to kin.
Children - if there is no surviving married or civil partner
If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
In the absence of a surviving spouse, the person who is next of kin inherits the estate. The line of inheritance begins with direct offspring, starting with their children, then their grandchildren, followed by any great-grandchildren, and so on.
A person's next of kin is usually his or her closest living blood relative or relatives.
For single people (including those who are widowed or divorced), your next of kin may be your children, or if you have no children, then your parents, or if they have died before you, then your siblings – ie your nearest living relatives.
For children under 18, next of kin is someone who has the legal authority to make decisions on their behalf – such as a parent or legal guardian.
It is very often a husband, wife or civil partner, or someone that you live with. It does not have to be a blood relative; it can be a good friend. You can give the name of more than one next of kin.
Who Else Can Qualify As Your Next of Kin? 1. Half-Relatives. “Half” relatives inherit as if they were “whole.” That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common.
How Can You Prove You Are The Next of Kin? As a blood relative, proving you are that person will be relatively straightforward. A certified copy of your passport or other forms of recognised ID will demonstrate you are who you say you are.
No state has laws that grant favor to a first-born child in an inheritance situation. Although this tradition may have been the way of things in historic times, modern laws usually treat all heirs equally, regardless of their birth order.
If you're asked to name a next of kin, such as when going into hospital, you can choose whoever you want. You would have no legal obligation to put a blood relative rather than a close friend, for example. However, generally speaking, a next of kin is usually understood to be a person's closest relative.
There is therefore no reason that your partner shouldn't be treated as your 'next of kin' despite the fact that you are not married. However, in practice hospitals have generally used spouses and close blood relatives to define next of kin.
If the deceased did not name a beneficiary or write a will, the probate court would name an executor to manage the distribution of the money after any debts are paid. This differs according to state law, but the money usually goes to the spouse or children.
But, who pays for the funeral if there is no money in the estate or a funeral plan is not in place? If there aren't sufficient funds in the deceased's bank accounts or within the estate to pay for the funeral, and they did not have a funeral plan, then the family would normally cover the funeral costs.
The term “Next of kin” refers to your nearest relation according to law, someone to be called upon in case of any eventuality. A next of kin can be a spouse, child or relation.
For half-siblings, they only share one parent, whether it is their mom or their dad. So two siblings with the same mom have different halves from their dads and two siblings with the same dad have different halves from their moms. But either way, they are half-siblings.
Next of Kin do not have any automatic legal rights
Being named as next of kin in medical records does not give you legal rights to make decisions for a person who is unable to make their own decisions. This can create difficulties – if you do not have any legal rights, you cannot make decisions on their behalf.
What does a next of kin do? They act on your behalf if you are unable to communicate due to illness or being unconscious. They will be asked for advice and guidance on your wishes. In the event of your death, they may need to give permission for a 'consented postmortem'.
It's important to note from the start that, contrary to popular opinion, being next of kin does not legally entitle you to make health or financial decisions on behalf of your relative. In many instances, in order to represent your loved one you will need a Lasting Power of Attorney in place.
You receive 50% of your genes from each of your parents, but the percentages of DNA you received from ancestors at the grandparent level and further back are not necessarily neatly divided in two with each generation.