Who is my next of kin?

Sophie Forsyth, Associate Solicitor
Lawson-West Solicitors, Leicester

"When facing medical emergencies or legal proceedings, the term "next of kin" is often mentioned and many people believe that it carries significant weight or absolute authority in decision-making. However, despite its common usage, “next of kin” is not a legal concept.

The legal right to deal with someone’s affairs is given
either under a Power of Attorney during lifetime,
or the Will or intestacy rules on death."

 

Lifetime - The Power of Powers of Attorney

In England and Wales, Powers of Attorney grant the authority for one or more people to deal with your health and/or financial matters on your behalf. If you do not have a Power of Attorney then a Court application is typically required to deal with financial matters, and medical professionals or the local authority will deal with your health and welfare in your best interests (including your care needs).

There are two types of Lasting Power of Attorney – one for property and financial matters, and one for health and welfare. You can prepare one or both documents, depending on your wishes.

Having Powers of Attorney in place ensures that someone you trust can make decisions in your best interests if you are unable to do so yourself due to illness, such as dementia, or injury.

 

On Death – Wills or the Intestacy Rules

The person authorised to deal with an estate after a person has passed away will be the Executor under their Will. If a person dies without a Will then the intestacy rules come into play. These rules dictate how the deceased's assets will be distributed among their heirs, typically starting with the closest relatives such as spouses, children, parents, or siblings. Those same people must also deal with the administration of your estate, including contacting banks and arranging to sell your property.

Whilst the intestacy rules provide a default framework regarding who should inherit on death, they may not reflect your wishes or family dynamics (for example, if you have separated from your spouse but you are not divorced). Having a valid Will allows you to decide who should benefit from your estate, who should act as guardian of any minor children that you have, and other important matters such as your funeral wishes.

Next of Kin

Whilst “next of kin” may hold emotional significance, it is legal instruments like Powers of Attorney and Wills that truly empower you to make decisions during your lifetime and dictate the distribution of your assets after death.

Taking proactive steps to address these matters can provide peace of mind and mitigate potential legal complexities for you and your loved ones in the future.

 

If you would like to talk to us about Powers of Attorney or Wills, you can contact our Probate, Wills and Trusts team on 0116 212 1000. Contact Us.

 

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