Contrary to popular belief, the UK does not have a recognised legal definition for the term ‘next of kin’. This means that legally, having a close relationship to someone may not give you automatic rights. Two examples of this are when someone dies or loses mental capacity.
If someone dies without a Will, we look to the laws of intestacy to consider who would be entitled to the deceased’s estate. More often than not, this will be their immediate family members.
Generally in this situation, the law will not automatically take into account any other family or friends who may have had a closer relationship and consider themselves to be ‘next of kin’. To avoid this and ensure that you can protect your estate and provide for your loved ones, it is vital to make a Will.
In the case that someone loses capacity to make decisions for themselves, their ‘next of kin’ would not automatically be able to deal with their finances (e.g. have access to any bank accounts) and would have to make an application to the Court of Protection for authority.
Therefore, if you would like someone to do this for you should you become unable to do so, it is important that you appoint them to act as your attorney under a Lasting Power of Attorney.
If you would like more information on either making a Will or Lasting Powers of Attorney, please contact our Wills and Probate Team.