Published on: 18th November 2016

What does next of kin mean?

Next of kin technically doesn't mean anything - it's not a legal term.

Being a close relative is only legally relevant in two situations: when a person passes away or becomes mentally ill.

The Administration of Estates Act 1925 has a reference to "statutory next of kin", listing the people who inherit if a person passes away intestate. If you are not mentioned (for example if you are an unmarried partner), or in the wrong place in the pecking order, you won't inherit anything, even if you are "next of kin" for practical purposes.

The Mental Health Act 1983 has a defined pecking order of people who may be contacted by the authorities if you were to lose mental capacity - this could be if you had complete memory loss or are sectioned.

The term "next of kin" is commonly used - we all get asked for this by our GP, employers, schools and more, for the purpose of contact in emergencies.

Almost anyone can register a death. While the Will executors legally have the right to arrange a funeral, in reality the funeral arrangements are made by whoever wishes to do so. Without a legal and clear definition of the "next of kin", decisions over medical intervention, funeral planning and even just being the "first to be informed" can easily cause family disputes.

Family disputes can be very explosive and distressing. Legally deciding who is responsible for what on your behalf if you lose mental capacity or if you have passed away avoids the potential stress and drama.

If you want to allocate people who inherit on your death, you need a Will which specifically states your wishes. Without a Will, your assets would be given away in accordance with intestacy rules. It is rare that these rules match the wishes that would have been written in a Will had one have been made. With unmarried couples, the survivor wouldn't receive anything and would have to go through making a claim against the estate under the Inheritance Act 1975 to secure entitlement.

If you want to allocate somebody to be responsible if you lose mental capacity, you should make a Lasting Power of Attorney (LPA). There are two types of LPA:

1. The Property and Financial Affairs LPA gives your nominated attorneys control of your bank accounts, investments, and also makes them able to sell your house if necessary.
2. The Health and Welfare LPA allows attorneys to decide what treatment you do or don't receive should you fall ill and haven't got the mental ability to decide.

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