Next of Kin
Next of kin often signifies a human’s closest family members, who are still alive. The list includes genetic relatives, for example, children, or legally bound individuals, such as spouses and foster kids. Persons referred to the next of kin usually have priority over inheritance proceedings, particularly in case of a will’s absence.
Essence of Next of Kin
As previously stated, the term “next of kin” means persons related by blood, marital status or other legal relationships, like adoption. Due to these bonds, it is possible to establish those who will gain access to the individual’s estate in the event that there is no will.
A case in study can be family members making decisions for the deceased, for instance, providing funeral and related activities, as well as resolving financial affairs. A list also includes medical matters in case of a person being disabled.
In other words, a next of kin practice is applied towards the passed-away individuals without a will. It also concerns the deceased, who don’t have a marriage partner or children.
Notably, a legally valid will has primacy over the next of kin approach. But if a person doesn’t leave a will, then all the estate transfers to the living party. Generally, it is a spouse. In case the partners are divorced, postnuptial agreements can be taken into account.
In the event that there is no married partner, all possessions of the deceased are succeeded by another next of kin individual. A line of descents starts from direct heirs, i.e. children, grandkids, etc. The jurisdiction of a state defines the legal situation with stepchildren and adopted kids. Subsequently, the inheritance line alludes to their parents. In the last turn, the collateral heirs come into play.
Let’s take a closer look. There exists the following order of precedence in the U.S. system:
- Marriage partner.
- Children and their offspring.
- Parents, as well as brothers and sisters of the deceased.
- Nieces or nephews and their future generations.
- Stepbrothers and stepsisters.
- Their kids.
- Grandparents.
- Aunts and uncles.
Note: A next of kin ascertainment is necessary for legal bodies, health care professionals, and other agencies in order to inform about a person’s death, physical condition, and well-being.
Particular emphasis
In some circumstances, being next of kin anticipates succeeding particular digital assets or liabilities of closest family members. For instance, Microsoft guarantees access to its Outlook services for the subscriber’s next of kin. In case of the person passing away, relatives are allowed to settle bills, give notice to his professional contacts, or terminate his Office account.
Next of Kin legislation
The legal codes of different states presuppose various approaches to the term “next of kin”. Let us say, some matters can be resolved by succession laws that are premised on the equal sharing of estate, specifically, in the U.K. At the same time, the concept in Great Britain hasn't a legal definition, so it isn’t taken into account. Alternatively, the next of kin decrees in other countries allude to the property division of intestate individuals.
Or, in most U.S. states, children don’t have the legal right to inherit estate. However, they would be protected by law if there were no will left.
Insurance and pension benefits
As opposed to receiving assets and liabilities, the life insurance policy, as well as pension accounts of the deceased are succeeded by other individuals, who were indicated while setting up the account. Even in case of a will’s presence, these financial facilities pass into the hands of beneficiaires, referred to in the documents.
Moreover, under the new terms of legislation, the beneficiaires, failing to appear spouses of the departed or other next of kin, should cash out the pension account in 10 years.
