Who Is Next of Kin? And Other Common Questions Answered

When someone passes away, their loved ones are often left with difficult legal and administrative tasks. Understanding who the next of kin is, what powers they have, and how power of attorney works can be confusing. At The Farewell Guide, we aim to provide clear and compassionate guidance to help families navigate these important matters.

Understanding Next of Kin

What Does “Next of Kin” Mean?

The term “next of kin” generally refers to a person’s closest living relative. In the UK, it has no strict legal definition but is often used in medical and legal contexts to determine who should be contacted in case of an emergency or who may inherit an estate if there is no will.

Does Next of Kin Have Legal Authority?

Not automatically. Being next of kin does not give someone the right to make medical or financial decisions for another person unless they have been granted legal authority through a Lasting Power of Attorney (LPA) or named as an executor in a will. When someone dies without a will, their estate is distributed according to intestacy laws, which typically favour spouses, children, and parents.

What Is Power of Attorney and How Does It Work?

What Is a Power of Attorney?

A Power of Attorney (POA) is a legal document that gives someone the authority to act on another person's behalf in specific matters. There are two main types:

Lasting Power of Attorney (LPA) for Property and Financial Affairs – Grants authority to manage finances, pay bills, and handle assets.
Lasting Power of Attorney (LPA) for Health and Welfare – Allows decisions about medical treatment and care if the person loses mental capacity.

Does Power of Attorney Continue After Death?

No, power of attorney automatically ends when the person dies. After death, only the executor (if named in a will) or an administrator (appointed through probate) has the legal authority to manage the deceased’s estate.

How Do I Find Out If Someone Had Power of Attorney?

If you are unsure whether someone had an LPA, you can check with the Office of the Public Guardian (OPG), which keeps a register of all registered powers of attorney. You can apply for a search of the register online to confirm whether an LPA was in place.

Common Questions About What to Do When Someone Dies

1. What Are the First Things to Do When Someone Dies?

Notify the relevant authorities. If the death occurs at home, contact the GP (if expected) or emergency services (if unexpected). If the person dies in a hospital or care home, staff will guide you on what to do next.
Obtain a Medical Certificate of Cause of Death. This is issued by a doctor and needed to register the death.
Register the death. This must be done within five days in England, Wales, and Northern Ireland (eight days in Scotland). You will receive a death certificate, which is needed for legal and administrative purposes.
Inform key contacts. Let close family, friends, and employers know. Also, notify financial institutions, utility providers, and government agencies.
Secure the deceased’s property. If they lived alone, make arrangements to safeguard their home, pets, and possessions.

2. What Happens if There Is No Will?

If the deceased did not leave a will, their estate is distributed according to the UK’s intestacy laws. Typically, this means the closest relatives (starting with spouses, children, and parents) inherit. The lack of a will can make estate management more complex, so legal advice may be necessary.

3. Who Is the Executor and What Happens if One Isn’t Chosen?

An executor is the person legally responsible for carrying out the instructions in a will and handling the deceased’s estate. If the deceased named an executor in their will, that person takes charge of managing finances and distributing assets.

If no executor is named, or there is no will, the next of kin may need to apply for letters of administration to gain legal authority over the estate. In this case, the rules of intestacy will determine who can take responsibility.

4. What Happens If the Death Is Unexpected or Suspicious?

In cases of sudden, unexpected, or suspicious deaths, the police and a coroner may become involved. A post-mortem or inquest might be required to determine the cause of death before any legal or financial matters can proceed.

5. How Do I Access the Deceased’s Finances?

Bank accounts are usually frozen upon death. If you are the executor or next of kin, you will need to provide a death certificate and may need probate (legal permission to manage the estate) to access funds and settle debts.

6. How Do I Find Out If Someone Left a Will?

You can check with Probate Registry or use an online will search service to see if a will has been registered. If you are unsure, speaking to the deceased’s solicitor or family members may provide answers.

How The Farewell Guide Can Help

At The Farewell Guide, we believe that dealing with legal matters after a loved one's death should not be overwhelming. Whether you need information on next of kin rights, power of attorney, or finding out if someone had legal authority over an estate, we provide the guidance you need. Visit our website for resources, service recommendations, and expert advice to help you through this process.

For more information, visit thefarewellguide.co.uk and let us help you navigate these important matters with confidence.