Who is Your Next of Kin?

Understanding who your next of kin is can be important in various circumstances, such as making a will or in medical emergencies. While many people assume that their next of kin is a close family member, the legal definition may differ. In this article, we will discuss who qualifies as your next of kin in different situations.

Intestacy Rules and Next of Kin

If you pass away without a will, the intestacy rules in the UK determine how your estate will be distributed. According to these rules, your next of kin is determined based on a hierarchical order. Your spouse or civil partner comes first, followed by your children, parents, siblings, and grandparents, respectively. If none of these individuals are alive, then the government will inherit your estate.

While these rules may seem complicated, they serve a purpose. If you have specific preferences about who should inherit your assets, it is best to make a will to ensure that your wishes are respected.

Next of Kin and Decision-Making

If you are unable to make decisions about your medical treatment or finances due to deteriorating health or mental state, you may assume that your next of kin will automatically assume this responsibility. However, this is not the case, at least until you are 18 years old.

In medical emergencies, you can nominate a trusted individual as your next of kin, even if they are not a family member. This person will only be notified of your condition, and they will not have any decision-making authority.

If you want someone to make decisions on your behalf regarding your medical treatment or finances, you need to appoint them as your lasting power of attorney (LPA). This person should be someone you trust to act in your best interests, even if they are not a family member. You will need to sign a document together, and the LPA must be registered with the Office of the Public Guardian. If you have not made any prior arrangements, a Deputy may be appointed by the Court of Protection to administer your affairs.

Conclusion

In summary, the definition of next of kin can differ depending on the circumstances. Intestacy rules determine who is your next of kin in the event of death, while appointing a lasting power of attorney is necessary for decision-making during your lifetime. By understanding who your next of kin is and making the appropriate arrangements, you can ensure that your wishes are respected in different situations.

For everything Wills and Probate, contact Curtis Legal, you're local experts in UK probate law.