The legal order referred to previously is used as the framework to identify the next of kin. In this case, the rules of intestacy will determine the next of kin. The term intestate refers to a person that has died without a valid will. What does it mean when a person has died ‘intestate’? Distributing the deceased’s estate to the selected beneficiaries.Finalising the financial affairs of the deceased.Examples of authorities include banks, utility providers, and State and Federal departments such as the ATO Registering the death and providing details to authorities within 30 days of the death.Notifying friends and family regarding the death.When a person is appointed as a next of kin, there are certain responsibilities that they need to carry out on behalf of the deceased. Roles and responsibilities of a next of kin Any person who was a representative for the deceased immediately before death.
Adult siblings (the eldest sibling takes priority).Spouse or de-facto partner (same sex couples included).The legal order of priority used to identify the next of kin is as follows: In other countries such as the United States, a next of kin is legally recognised and inherits the legal responsibilities. In this case, the next suitable next of kin will be identified. Interestingly, the next of kin is not legally recognised in Australia, meaning anyone who is appointed as a next of kin does not legally have to accept the role. An estate is all the money and property that the deceased owns upon their death. It is important to recognise that each state in Australia has minor differences when identifying who the next of kin is.Įssentially, when a person dies, the next of kin is identified and assigned certain roles and responsibilities in dealing with the deceased’s estate. This means they will inherit the main responsibilities associated with the role and will be the main point of contact in regards to any processes involved in carrying out the necessary next steps. When someone is appointed as the next of kin, they are known as the senior next of kin. The most common examples of a next of kin include the deceased’s spouse, de facto partner or closest living adult relative. They are usually the first person notified when the individual dies, unless the deceased has a will and has appointed an executor, or a different emergency contact has been provided.
In Australia, a next of kin is broadly defined as the closest living blood relative or someone who has a close relationship with the deceased.
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