Who are my next of kin?

  • FAQ
  • No Comments
  • January 16, 2015

Who are my next of kin?

In New South Wales, “next of kin” for the purpose of inheritance means those relatives who inherit a person’s estate on intestacy.

For people dying after 1 March 2010 the Succession Act sets out a complicated formula for ascertaining their next of kin. Basically the next of kin are restricted to spouses (including de facto spouses) of the deceased person, the person’s children (and remoter issue) and some relatives.

The first group in line are spouses (or, in some cases, spouses and children), then children when there are no spouses and lastly some relatives. Grandchildren and remoter issue may be included.If you do not have a valid Will when you die, you will have died intestate. That means all that you own will pass to your next of kin – or to the State Government of New South Wales if you have no living next of kin.