What does 'Next of Kin' mean?
When it comes to thinking about the future and your legal order of Next of Kin, it can be a little tricky to wrap your head around with regards to all the rules, rights and responsibilities of each person involved.
In our guide that explains the legal definition of Next of Kin, we cover everything you need to know about what it means, who is legally your Next of Kin and the various instances in which you will need to identify your next of kin.
Who is legally your Next of Kin according to UK law?
The term ‘Next of Kin’ is usually used to describe someone’s closest living relative or their spouse, but despite the fact that this term is used a lot, especially when it comes to legal proceedings such as when someone has died, there is no exact definition as proposed by UK law.
Therefore, the person who is your legal Next of Kin can change depending on certain circumstances, so it’s a good idea to understand when this term might be used and the different scenarios in which you’re required to use it.
Can your partner be your Next of Kin?
In many circumstances, you can identify your partner as your next of kin, such as if you’re admitted to hospital and you’re asked to name someone.
This may also be the case if you’re taking part in a dangerous activity such as sky diving where there is a level of risk involved; you will usually be asked to provide details of your Next of Kin and many people choose their partner for this.
Who is the Next of Kin according to UK NHS?
Most NHS hospitals are pretty flexible when it comes to who you’re allowed to name as your next of kin. This could be anyone you choose such as a friend, relative, partner or even your neighbour.
In the event that you’re unconscious when you’re admitted to hospital, they will try and work out your next of kin themselves and they will usually choose the person they can get in touch with the quickest and easiest, such as a parent, spouse or adult child.
Who is the Next of Kin when someone passes away?
There are no official rules pertaining to who the legal Next of Kin is when someone dies, but there is usually a general Next of Kin order of priority in the UK that is followed by doctors, nurses and police officers whose responsibility it might be to inform your Next of Kin of your death.
Spouses and civil partners usually have first priority, then children, parents and then any siblings if the other three levels of people cannot be contacted easily.
Who is the Next of Kin when someone dies without a Will?
If a deceased person left a Will, the person they named as their executor will be in charge of settling their estate when they’re dead, but if they don’t have a Will, the order of priority of the Next of Kin follows the protocol for when someone dies; spouse then children then parents then siblings.
Is it the Next of Kin's responsibility to arrange and pay for the deceased's funeral?
The deceased’s next of kin is usually the person in charge of organising and arranging the funeral, but they are not necessarily responsible for paying for it. If the deceased left a will with instructions as to how to pay for the funeral, then the Next of Kin will be responsible for overseeing everything.
What are the Next of Kin’s rights and responsibilities?
A person’s Next of Kin also has several other rights and responsibilities that they should be aware of.
When it comes to hospital care and emergency treatment, the Next of Kin is responsible for things like being easily contactable in an emergency, making sensible decisions for the patient if they are unable to make them themselves and collecting the patient once they have finished receiving treatment.
Inheritance and intestacy rules
Dying intestate means that someone has died without leaving a Will. Usually, the person’s Next of Kin stands to inherit the most, but exactly who inherits first and how much is defined by the rules of intestacy in order of priority according to the rules:
Spouse or civil partner is usually first priority if someone dies without a Will.
If the person who died has a surviving spouse and their estate is worth more than £270,000, anything over that figure will be shared out equally amongst any children. If there is no surviving partner or spouse, the whole estate will be shared equally between the children.
Grandchildren if one of the children has already died.
Parents.
Siblings.
Half brothers and sisters.
Aunts and uncles.
Cousins.
Applying for probate
If a person dies without a Will, the Next of Kin is also responsible for applying for probate as they are the person who stands to inherit the most according to the rules of intestacy.
Once an application for probate has been made and approved, the Next of Kin will be named as administrator of the estate and they will then be able to access accounts, distribute assets and sell the deceased’s property.
How to prove Next of Kin
If you’re a blood relative or spouse, then proving who you are will be easy and straightforward as you can simply show your passport or another recognised form of identification to prove who you are.
However, if you’re not a spouse or blood relative but you have been named as Next of Kin for someone, you can get a signed declaration between you and the person who has named you as their Next of Kin that has been witnessed by a professional (this doesn’t necessarily have to be a solicitor) to prove that you’re the Next of Kin.
Can a Next of Kin be an Executor?
In most cases, the deceased’s executor will also be their Next of Kin, unless they have explicitly stated otherwise.
Writing your own legally-binding Will
If you want to plan ahead and ensure your loved ones will be taken care of in the event of your death, it is important that you write your own legally-valid Will.
In a Will, you can clearly set out exactly where you want your assets to go when you pass away and you can clarify any funeral preferences and state who you wish to administer your estate (be an executor of your inheritance) when you’re no longer here.
To get started today, tap the button below to register with us for free at Wills.Services - our team of experts are on hand to answer any questions you may have and they will check over your Will to make sure it’s legally binding, so there won’t be any problems when the time comes.
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