Intestacy
Next of Kin
A person's closest living relatives, who are entitled to inherit and to administer the estate when there is no Will.
What it means
"Next of kin" refers to a deceased person's nearest blood relatives and spouse or de facto partner — the people the law treats as closest to them. In an intestacy, next of kin matters in two ways: they are the people entitled to inherit under the statutory order, and the closest of them has the right to apply to be administrator of the estate. It is a practical, relationship-based concept rather than a single fixed legal definition.
How it's used
Hospitals and institutions also use "next of kin" loosely to mean an emergency contact, but in estate law it means those entitled under the intestacy rules. The exact priority of relatives differs by state. Example: As the deceased's only child and closest next of kin, Sarah was first in line to apply for letters of administration.
Related terms
This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.
Ready to put it into practice?
Create a legally valid Australian Will online in about 20 minutes.
Start your Will free