Disclaimer: Probate Consultants is not a legal practice. Information on this website about the law on any subject is general in nature and is intended to provide an outline only. It is not comprehensive, nor does it constitute legal or financial advice.
In Australia, the term ‘Next of Kin’ means a person’s spouse, domestic partner or closest living blood relative who is over 18 years of age. Whilst there is no formal legal recognition or legal rights of Next of Kin, they play a very important role if a person dies without a valid Will.
At Probate Consultants we understand that dealing with the loss of a loved one is never easy. The emotional and psychological impacts are only one aspect of this multi-faceted and challenging life event. There are many practical things that need to be done and determining who is responsible to complete them is an important first step.
Probate Consultants empower self-represented applicants to apply for Grants of Probate and Letters of Administration (LOA) by providing specialist guidance and support. With 300+ Five-Star Reviews on Google, we are Australia’s Premium Probate Solution known for making the process Fast, Affordable and Easy.
If you have lost a loved one and need some friendly support and guidance, contact us today for a Free Consultation. There are no timers, and never any obligations. We are here to help in any way we can.
What are the responsibilities of Next of Kin in Australia?
Generally, when a person dies in Australia the following things need to be done:
- Contacting a funeral director or other end-of-life service provider to make funeral arrangements
- Notifying family members and friends
- Registering the death with the State government and obtaining a Death Certificate
- This is usually arranged by the service provider performing the funeral
- Managing and finalising their estate (property, assets and any debt)
- This often involves applying for a Grant of Probate or Letters of Administration
These responsibilities are usually carried out by the executor appointed in the Will. Where there is no Will, the deceased’s Next of Kin can assume these duties.
Probate
- There is a valid Will
- Executor(s) named in the Will apply for the Grant
- Executor(s) administer and finalise the estate
- Property and Assets in the estate are distributed to those entitled under the Will
Letters Of Administration
- No valid Will
- Closest next-of-kin applies for the Grant
- Next-of-kin administers and finalises estate
- Property and Assets distributed according to the laws of intestacy
Next of Kin or Executor – Who is responsible for dealing with the affairs of a deceased person?
Where there is a valid Will, the executor has the legal responsibility of dealing with the majority of the deceased person’s affairs. Where a person passes away without a Will, they have died intestate, and their closest living (senior) Next of Kin can make funeral arrangements and administer the estate.
Please Note: Only the Next of Kin can make decisions regarding organ donation and post-mortem examinations. An executor cannot make these decisions.
Whilst identifying the executors of a Will is usually straightforward, determining who the Next of Kin is can be challenging especially if there are multiple partners.
How is the Next of Kin determined in Australia?
Whilst there is no legal definition of Next of Kin in Australia, each State and Territory has its own laws of intestacy which provide a specific order of priority in which people can apply for Letters of Administration. These laws provide a useful guide in determining who the Next of Kin is in Australia. See the usual hierarchy below:
- Lawful spouse or domestic partner
- Adult Children
- Adult Grandchildren
- Parents
- Siblings (or their adult children where they have predeceased)
- Remoter next of kin (Uncles, Aunties, Cousins)
The Next of Kin in Australia can refuse to take on the responsibilities of dealing with a person’s affairs where they have died intestate (without a Will). They are not bound by law to perform these duties.
How does the Next of Kin apply for Letters of Administration?
There are four main ways to apply for a Grant of Letters of Administration in Australia:
- Prepare the application yourself as a Self-Represented Applicant (SRA).
- Engage Probate Consultants to assist with your application as an SRA.
- Instruct a lawyer to act on your behalf.
- Authorise a Trustee Company to act as the administrator.
There are pros and cons to each option and finding the best way to apply is an important decision for the Next of Kin.
If you are the Next of Kin and align with applying for Letters of Administration as an SRA, contact us on 1300 561 803 for a Free Consultation.
