Because next of kin in Australia is not a legally defined term, appointing a next of kin is not necessary. Your next of kin is simply the person next in line, based on a specific hierarchy.
Next of kin heirachy
- Spouse or domestic partner; then if they are not available…
- a child over the age of 18; then if they are not available…
- a parent; then if they are not available…
- a sibling who is over 18; then if they are not available…
- the named executor of the will; then if there is not a will or executor…
- a personal representative of the deceased; then if they are not available…
- a person determined by the coroner will be the senior next of kin. This could be someone close to the person.
If you want to appoint someone to be in charge at your death, you can appoint an executor of a will. To have an executor, you must have a will. If there is any confusion at all about what will happen when you die, or possibility for conflict, hire a lawyer and make a clear, legally-binding will that is updated every few years. Relationships change, babies are born, and people die, so keeping your will updated is key to clear outcomes at your death.
Information on next of kin and estate planning:
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