A legally binding and properly drafted will for heritable assets usually takes precedence over the inheritance tax of the next of kin. However, if the deceased did not leave a will, their estate passes to a surviving spouse in almost all states. If the couple is divorced, marriage contracts can terminate or modify these rights. If a surviving spouse remarries, this usually has no effect on their inheritance rights. For example, if a person dies without succession, the laws of some jurisdictions require that the estate be distributed to the spouse or children of the deceased. However, if this is not the case, the estate can often be distributed to the closest group of living relatives, whether they are parents, grandparents, first cousins, aunts and uncles or, in extreme cases, second cousins. When a person dies without identifiable dependents, their estate usually reverts to the government (i.e., legally). Next of kin are sometimes interpreted more broadly to include the spouse or anyone who would receive a portion of the estate under parentage and distribution laws in the absence of a will. In this context, the next of kin includes a spouse, i.e. a person who is bound by the legal marriage.
The nominee must accept the appointment or they are disabled. Next of kin status does not confer any legal rights and has no special responsibilities, except in the cases mentioned below in the specific context of the Mental Health Act. In the absence of a surviving spouse, the person who is the next of kin inherits the estate. The lineage begins with direct descendants: children, grandchildren, great-grandchildren, etc. The legal status of stepchildren and adopted children varies by province or territory. The term has no legal definition in the UK. A person may designate any other person as his or her next of kin. It is not necessary for the designated person to be a blood relative or spouse, although this is usually the case. Someone who has no immediate family (or has little or no contact with surviving family members) may choose to list someone outside their family as their next of kin, as a friend or neighbour. The identification of a next of kin is at least legally less important if the deceased person (the “deceased”) left a will or is (or was) married. In some jurisdictions, inheritance tax (which involves the capacity to make decisions – for example, in a medical emergency – when no clear will or instructions have been given and the person has no spouse) lies with the next of kin (regardless of age, with a designated representative if minor), usually a child, a parent or sibling.
However, there are people without close adult relatives, and in such a case, decision-making power often rests with a niece or nephew, first cousin, aunt or uncle or grandparent. In Ireland, the term “next of kin” has a meaning in inheritance law. If a person dies without inheritance, i.e. without leaving a will, the rules of the Succession Act 1965 apply. Part VI of the Act – Distribution to intestate successions (§§ 66-75) – explains the rules of intestate succession; This was amended by the Law on Registered Civil Partnership and Certain Rights and Obligations of Co-Tenants of 2010. [12] In medical law, “next of kin” is a very vague term that has no defined meaning in the law. When a patient is unable to make a decision (e.g. due to loss of consciousness), the current medical ethic in Ireland is to consult the next of kin (in order: spouse, children, parents, siblings). However, next of kin do not have the general right to make decisions on behalf of adult patients. [13] The inability of persons not living in a legal marriage to make decisions about the care of a partner living in the household has led many jurisdictions to grant domestic partners rights equivalent to those of a spouse in such situations, although most jurisdictions still do not require non-spouses to become beneficiaries of estates (in most jurisdictions, it is inappropriate to disinherit a spouse). The inability of same-sex partners to have rights regarding a partner`s medical care or funeral arrangements beyond those of the next of kin is one of the main reasons why disputes call for same-sex marriages or equivalent marriages.