Who is my Next of Kin?

What does Next of Kin mean in Australia?

‘Next of kin’ refers to your closest living relative - either through blood or marriage. In Australia, it usually means a spouse or de facto partner however if you are unmarried or single then your next of kin is your closest living adult relative. This person is the first point of contact if there is an unexpected emergency.

The phrase is predominantly used on legal documents like liability waivers and Wills. When someone becomes incapacitated or dies their next of kin is contacted to make important decisions or carry out certain responsibilities. Depending on the situation they may need to make medical or legal decisions or administer the deceased’s estate.

Who is considered your next of kin?

In the United States your next of kin is a blood relative. This technicality does not exist in Australia. In fact, for most people their next of kin is usually their significant other. When you think about who might be your next of kin the most important thing to consider is who would you want police to call if you were in an accident or seriously injured?

The general hierarchy to determine your next of kin is as follows:

• Spouse or de facto partner;

• Eldest adult child;

• Parents;

• Siblings (over the age of 18);

• The executor of your Will;

• A personal representative of the deceased;

• An individual identified by the coroner.

What does the role involve?

Being named someone’s next of kin does not necessarily mean you will need to do anything. The extent of your responsibilities will depend on whether or not the person who has identified you had a Will in place before they died. If the person did not have a valid Will, the laws of intestacy mean you will need to act as their personal representative and take on the bulk of their legal and financial responsibilities upon their death.

If this occurs you will be responsible for:

• Recording the person’s death with the registry of births, deaths and marriages;

• Notifying family members;

• Making funeral or burial arrangements;

• Writing an obituary or death notice;

• Organising their financial affairs;

• Administering their Estate e.g. distributing assets to Beneficiaries.

If you have been contacted by authorities but the person is still alive your duties may include:

• Making medical decisions;

• Making legal decisions;

• Paying bills or making financial decisions.

Summary

Even though it sounds important if you have your affairs in order your next of kin may never have to lift a finger. If you have a valid Will in place you will have nominated an executor, or perhaps you have appointed a financial or medical power of attorney to act on your behalf if you become incapacitated.

Your next of kin will only become responsible for carrying out your affairs if you die without a valid Will, or if you are hospitalised without a Power of Attorney or Advance Care Directive in place. In this situation, your next of kin will act as your personal representative. There is no hard or fast rule about who this person will be - it may be your spouse, your civil partner, children or your siblings.

Disclaimer: The information contained in this article is not intended to be a substitute for legal advice but to act as a basic educational guide. If you have concerns or queries you should consult a legal professional about your specific circumstances.