“Next of kin” is often used as if it were a legal job title. It is not that simple. After a death, the important questions are: is there a valid Will, who has authority to deal with the estate, and who is entitled to inherit? If there is one, then the appointed executor/s are in charge if not, then it is generally the next of kin. Bear in mind AGE is not relevant, and if there are four children of equal standing, they are equally able to act. A Will is much safer if you don’t have one!
Who is next of kin if there is no Will?
In England and Wales, where there is no valid Will, the law sets an order of relatives who may inherit. Broadly, the order is:
- husband, wife or registered civil partner;
- children or their descendants;
- parents;
- full brothers and sisters, or their descendants;
- half-brothers and half-sisters, or their descendants;
- grandparents;
- full-blood aunts and uncles, or their descendants;
- half-blood aunts and uncles, or their descendants.
An unmarried partner does not automatically inherit under the intestacy rules, however long the couple lived together. Stepchildren do not automatically inherit unless they were legally adopted.
Free next of kin and intestacy checker
Answer the questions below for a death in England or Wales.
Common questions about next of kin
Does next of kin automatically have authority over the estate?
No. If there is a Will, the executors are normally responsible. If there is no Will, the person with priority generally needs to obtain the appropriate authority where a Grant is required.
Can an unmarried partner be next of kin?
They may be described as next of kin for contact or practical purposes, but an unmarried partner does not automatically inherit under the intestacy rules and cannot apply merely because they were the deceased’s partner.
Do children always inherit if there is no Will?
Not necessarily. If a spouse or civil partner survives and there are descendants, the spouse or civil partner may receive the personal chattels, the statutory legacy and part of the remainder. The amount depends on the date of death and the value of the intestate estate.
What if a child died before the person who died?
That child’s descendants may take the share their parent would otherwise have received.
What if nobody in the family can be found?
Do not assume there is nobody entitled. The family tree should be checked carefully. If no entitled relative exists, the estate may ultimately pass as bona vacantia.
General guidance for England and Wales only. Intestacy can be affected by the date of death, adoption, survivorship, jointly owned assets, partial intestacy and other facts. Check the official GOV.UK guidance or obtain professional advice before distributing an estate.