Introduction
Next of kin is the term used to describe your closest living relative. Your next of kin may be called on in medical emergencies, and knowing who is next of kin might also be important when it comes to some critical financial and inheritance questions.
In the UK, next of kin has no strict legal definition, but it’s a term used in various situations, especially when it comes to critical decisions about health, inheritance, and financial matters. Understanding how the term is applied can help make sure your wishes are followed at some important moments in your life.
What is the definition of next of kin?
Your next of kin is commonly understood to mean your closest living relative. This could be a spouse, partner, child, parent, or sibling, depending on your family structure. However, it’s not a legal status that gives automatic rights or responsibilities, especially when it comes to decision-making or inheritance.
In medical emergencies, next of kin is usually the person the hospital contacts for decisions about care or to inform them of what’s happening. But legally, your next of kin doesn’t have the automatic right to make medical decisions for you unless they have a Lasting Power of Attorney (LPA). Similarly, in matters of inheritance, being named next of kin doesn’t automatically mean someone will inherit your money and property (usually called your assets) unless you die without a will (intestate).
How to work out who is next of kin
Working out who is your next of kin depends on the context. Traditionally, your next of kin is your closest blood relative or legally recognised relationship, but this can vary based on your personal circumstances.
If you’re married or in a civil partnership, your spouse or partner is usually considered your next of kin.
If you’re not married, your next of kin is generally your children, if you have any.
If you don’t have children, it moves up the family tree, so it could be your parents, siblings, or other close relatives.
It’s important to note that an unmarried partner is not automatically considered your next of kin, even if you live together or have children together. If you have a long-term partner and are not married or have a civil partnership, it’s really important to make sure legal documents like wills and LPAs are in place. That is the only way to be sure your wishes are followed.
Are there any situations where it isn’t clear?
There can be grey areas when deciding who qualifies as next of kin. For example:
Blended families: In families where stepchildren or step-parents are involved, working out next of kin can be more complex. Legally, stepchildren may not have the same rights as biological or legally adopted children.
Estranged relationships: If you are estranged from your closest blood relative, but you haven’t appointed someone else as next of kin through a legal document, this can lead to confusion or disputes.
Cohabiting and long-term partners: Unmarried partners often face challenges when trying to establish themselves as next of kin, particularly in medical situations or inheritance matters. Without legal recognition, a partner may be overlooked in favour of blood relatives, unless the right legal steps have been taken.
When might next of kin need to be defined?
There are several instances where knowing who is next of kin is important.
1. Medical care and emergencies
In medical situations, hospitals often ask for your next of kin to be contacted, especially if you’re unable to make decisions for yourself. Although your next of kin can provide information about your wishes, they don’t have the legal right to make decisions about your care unless you’ve named them in an LPA. Without an LPA, the medical team will make decisions based on what they consider your best interests, which may or may not align with what you or your next of kin would choose.
2. Consent for organ donation
In the event of your death, if you haven't opted in or out of organ donation in the UK’s opt-out system, your next of kin will be consulted to confirm your wishes. While the law in England and Wales has shifted to an opt-out system, your next of kin’s input may still be needed, so it’s helpful to ensure your family knows your wishes.
3. Inheritance
In your will, you can specify who will inherit your money, property and possessions after you die. It’s important to formalise these wishes to avoid disputes or confusion after your death.
If you die without a will, you are considered to have died intestate, and the rules of intestacy determine who inherits your money, possessions and property (your estate). In this case, your next of kin is defined by law, typically starting with your spouse or civil partner, then your children, and so on through the family tree. It’s very important to have an up-to-date will if you want to control who will inherit, and if your family situation is at all complicated.
Being prepared
Knowing who your next of kin is, and ensuring that they understand your wishes, can help prevent difficult situations later on. In many situations, it’s important to formalise your plans through legal documents like a will or LPA. Planning ahead can make sure that your affairs are handled the way you want, by the people you trust.
How Trustestate can help
If you are planning for your financial future, you may need professionals to help you with estate planning, wills or LPAs. Trustestate can help you get in touch with a trusted adviser and schedule an initial consultation.
What we offer
Dealing with inheritance and probate can be a challenging and overwhelming process. Let Trustestate take out the hassle for a fixed transparent fee. We offer a simple, streamlined service with expert support at every stage, and can signpost to partner services such as will writers.
Use our Complete Probate service and we’ll manage every stage of the process – we’ll take over all the admin, apply to the court for probate, and share out the estate. Or if the estate is simple and you have time, you can use our Grant of Probate service, and manage everything with our easy-to-use online platform. Whichever service you choose, you’ll get dedicated advice every step of the way, and a dashboard to check progress at any time. Book a free call with one of our experts to find out more.
