Who is Your Next of Kin?

Most people tend to think that the term “next of kin” means someone closest to them in their family – their spouse or civil partner, parent, child or other relative. Legally, however, this may not always be the case. This apparent contradiction is the subject of this blog.

When is your next of kin of automatic significance?

If you haven’t made a will, for whatever reason, and you die suddenly or unexpectedly, anyone who is related to you is of immediate significance because your estate will be distributed according to U.K.’s intestacy rules. These intestacy rules are a little complicated and look like an inverted (family) tree. The intestacy rules actually determine who is regarded as your next of kin and what proportion of your estate they will be awarded. 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.

Finally, if in the admittedly relatively rare instance that you do not have any “next of kin” who fits any of the above descriptions, your estate will go to the government.

The rules might seem complicated, but do have a logic to them. If you had any preference about which of your “next of kin” should inherit whatever you own when you die, or if you preferred that someone else, a charity or organisation became a beneficiary of part or all of your estate, then it is better not to leave it too late to make a Will. By making a Will, it means that your preferences will be respected, rather than be left to the court through the intestacy rules.

When your next of kin may not be automatically of significance

If at any time you cannot make decisions about your affairs because of deteriorating health or mental state, you might think that someone close to you in your family (your next of kin) will automatically assume the right to make decisions on your behalf. This is not the case, or at least it is not the case unless you are aged less than 18 years. In a medical emergency, you can nominate a “next of kin” who could be anyone you trust to be notified of your condition, even if it is not a member of your family. That person does not have the right to make any decisions about your treatment. The notification only allows medical staff to discuss your medical condition with them.

Your immediate family members, whether they are a spouse, civil partner, children, parents or whoever, also do not have any immediate right to make any financial decisions on your behalf about anything you own, investments, property, cash, bank accounts etc. if you cannot do so yourself.

It is sensible to nominate someone if your health is declining who will legally be able to make decisions about your medical treatment and financial affairs. This process is referred to as lasting powers of attorney (LPA). The person would be someone you trust, not necessarily a family member, who would act in your best interests if you become unable to make decisions yourself.

You would have to sign a document together with whoever you nominate, such as a solicitor, and the LPA would have to be registered with the Office of the Public Guardian who oversee the decisions made by that person and can act if there are any concerns or conflicts of interest. In the event that you have not made any prior arrangements for a LPA, a Deputy may be appointed by the Court of Protection to administer your affairs. This could be a member of your family, but equally could be someone else who the Court thinks has the ability to carry out decisions made on your behalf in your best interest.