Next of Kin
Candlefocus EditorNext of kin is an important concept in both legal and social contexts, especially in regards to inheritance. Legally speaking, the next of kin can have significant rights and privileges to a deceased person’s estate and finances. These rights are designated by the will of the deceased and can vary by jurisdiction.
When determining the next of kin, courts generally look to who is closest in familial blood to the deceased. For example, the closest family member likely to inherit the estate is usually the deceased person’s spouse, followed by the deceased’s children and parents, and then siblings and other extended relatives like aunts and uncles, grandparents and in-laws, etc.
In cases where the deceased person has not left a valid estate plan, such as a will, the court will look to the laws of the jurisdiction in order to determine who is to be considered the next of kin. This can be complicated, as common-law jurisdictions may have different standards for inheritance and consider different relationships to be closer than others.
Additionally, the next of kin can have inherited obligations or assets. Beneficiaries to insurance policies and pension plans are often designated directly in the paperwork, making these assets and obligations transferable regardless of legal relationships. In some cases, the next of kin may be able to inherit digital assets and obligations as well, such as a website, online account, or virtual currency.
In summary, next of kin is an important concept which can determine who holds the rights and privileges to a deceased person’s estate and finances, regardless of whether or not a legal estate plan is in place. Blood relations are generally looked at first to determine who is the next of kin, and their rights can override those of other potential beneficiaries. Additionally, the assets and obligations of a deceased individual such as digital assets, or insurance and retirement policies, may be inherited by the next of kin.