What does "Next of Kin" mean?

"Next of kin" refers to your closest living blood relative. It is an important legal position, as there are circumstances under your Will where your next of kin is required to act, or may benefit from your estate due to other beneficiaries predeceasing you.

Here you'll find some information on who may be your next of kin, and the circumstances under which they may play a role in your Will.

Who is my next of kin?

Your spouse or domestic partner, if you have one, is generally going to be your next of kin. Failing that, your next of kin is likely to be (in descending order):

• A child over the age of 18
• Parents
• Siblings over the age of 18

All Australian states then have a limit on who they will look to in completing a search for next of kin. This usually involves:

• Grandparents
• Aunts or Uncles
• First cousins

Again, this can vary state to state though, so it is important that you understand your personal position in the state in which you reside.

Where does my next of kin become relevant?

• Where there is no Will: If a person dies intestate, meaning there is no valid Will in place, your next of kin may be asked by the courts to stand in as executor.
  
• Beneficiaries have passed away: Your next of kin can become relevant where people you have listed in your Will pass away before you, and no one else is listed in the Will. For example, if your primary and back up beneficiaries pass away before you, leaving behind no children, your Safewill stipulates that your next of kin would inherit your estate.

As always, if you have a question we are happy to help. If you are confused and need bespoke legal advice, we recommend seeing a qualified legal practitioner.