Next of Kin in the UK: Guide & Services

What is next of kin?

Next of kin generally refers to the closest living blood relative or a legally recognised relationship, such as a spouse or civil partner. While not a legally binding term, it holds significant weight in several important areas. 

Dying without a will or no known next of kin (probate)

If you die without a Will and no known next of kin, your entire estate could end up win the hands of the state—a prospect few would find appealing.

Each year thousands of people in England and Wales die before, or without, making a will. If there is no immediate next of kin to claim an inheritance, the estate is guarded by the Government’s Bona Vacantia Division (BVD). This estate is held in “trust” and if no heir is found the estate passes to the crown.

This is where Finders International, specialist probate genealogists or ‘heir hunters’, step in. Once a name appears on the Bona Vacantia list (which is updated daily), a series of expert research efforts begins to determine the rightful heirs of the estate.

We select names from the list and start building a family tree. This fast-paced, detective-like work is carried out by our highly skilled team of probate researchers, who typically uncover relatives within just a couple of days. In most cases, there are living and entitled next of kin, often distantly related or residing abroad, who may have never heard of the deceased but are still the legitimate beneficiaries.

It’s essential to establish a clear and documented connection to ensure that the rightful heirs are identified and that the process complies with legal standards.

Through our dedicated International Asset Service, we frequently discover family members on the other side of the world who have never met the deceased but stand to inherit. Probate genealogists not only identify and locate these heirs but also assist them in understanding their rights and the process involved in claiming their inheritance. This can include helping them navigate the legal procedures required to assert their claim, ensuring they receive what they are entitled to.

The search for next of kin can also lead to surprising and heartwarming discoveries, such as reuniting long-lost family members or uncovering rich family histories. However, the process can also be challenging and time-consuming, requiring meticulous attention to detail and extensive knowledge of genealogical research methods. Despite these challenges, the work of probate genealogists is vital in ensuring that estates are fairly and accurately distributed according to the law, honoring the rights of the deceased’s relatives.

Without a Will, the deceased’s exact wishes remain unknown. Intestacy law is very strict, meaning that unless explicitly stated in a Will, individuals such as a devoted carer, a favorite charity, a loyal friend, or a helpful neighbor will not receive anything. The irony is that the estate might ultimately go to someone the deceased never knew or met.

Locate Next of Kin

Next of kin rights and responsibilities in the UK

Next of kin may need to make medical decisions, arrange the funeral, and manage the deceased’s estate if there is no will. They may also have the right to inherit assets, access medical information, and participate in legal decisions.

How to prove your are the next of kin?

Proof of relationship may be necessary in legal and medical situations, which can include birth certificates, marriage certificates, and other legal documents.

Who is your next of kin, legally?

Your next of kin is your closest surviving relative, such as a spouse, civil partner, parent, or child. In some cases, other relatives may also have legal rights, for example, if they are the executor of a will or an appointed guardian.  

The eldest child might be regarded as the primary next of kin, when it comes to inheritance and funeral arrangements. For unmarried individuals, the next of kin could be parents, siblings, or children. Partners may also be considered if the relationship is strong. 

Learn more about the rules of intestacy, here.  

Recognising your legally acknowledged next of kin is crucial, as this can significantly impact your rights in dealings with healthcare providers and in managing estate issues. Understanding who your next of kin is will help ensure you can make informed decisions in important situations, particularly concerning healthcare and inheritance. 

Next of kin rights and responsibilities in the UK

Next of kin may need to make medical decisions, arrange the funeral, and manage the deceased’s estate if there is no will. They may also have the right to inherit assets, access medical information, and participate in legal decisions.

Finders International provides a hassle-free, cost-free next of kin finding service for local authorities and other public sector bodies in England and Wales. With decades of experience, we have worked closely with local authorities to locate the missing relatives of individuals who die intestate within their jurisdictions.

While you can’t legally change your next of kin, you can designate individuals in your will or medical directives to make decisions on your behalf.
Although the legal definition of next of kin cannot be altered, you can select who will make decisions for you through specific legal documents. A will lets you name beneficiaries and an executor for your estate. Advance directives and lasting power of attorney documents allow you to appoint someone to make medical or financial decisions for you if you become incapacitated.

Next of kin are often called upon to make decisions or be involved in legal matters when someone dies or becomes incapacitated, particularly if no other legal directives are in place. Next of kin may inherit assets if there is no will, arrange the funeral, and access certain medical information.

In contrast, “power of attorney” is a legal document that allows an individual (the agent or attorney-in-fact) to act on behalf of another person (the principal) in specific matters. This can include making financial decisions, managing property, and handling other affairs. A durable power of attorney can also authorize the agent to make medical decisions if the principal becomes incapacitated. Unlike next of kin, the person designated as power of attorney does not need to be a relative; the principal can choose anyone they trust for this role. The scope of authority granted by a power of attorney can be as broad or as limited as the principal specifies in the document.

Typically, the next of kin is not required to pay for the funeral. The expenses associated with the funeral and burial are generally covered by the deceased person’s estate. However, if the estate lacks sufficient funds or there is no will specifying otherwise, the next of kin might be held responsible for these costs. In some instances, the next of kin can seek assistance from the government or other sources to help cover the expenses.

While you can’t legally change your next of kin, you can designate individuals in your will or medical directives to make decisions on your behalf.
Although the legal definition of next of kin cannot be altered, you can select who will make decisions for you through specific legal documents. A will lets you name beneficiaries and an executor for your estate. Advance directives and lasting power of attorney documents allow you to appoint someone to make medical or financial decisions for you if you become incapacitated.

Next of kin are often called upon to make decisions or be involved in legal matters when someone dies or becomes incapacitated, particularly if no other legal directives are in place. Next of kin may inherit assets if there is no will, arrange the funeral, and access certain medical information.

In contrast, “power of attorney” is a legal document that allows an individual (the agent or attorney-in-fact) to act on behalf of another person (the principal) in specific matters. This can include making financial decisions, managing property, and handling other affairs. A durable power of attorney can also authorize the agent to make medical decisions if the principal becomes incapacitated. Unlike next of kin, the person designated as power of attorney does not need to be a relative; the principal can choose anyone they trust for this role. The scope of authority granted by a power of attorney can be as broad or as limited as the principal specifies in the document.

Typically, the next of kin is not required to pay for the funeral. The expenses associated with the funeral and burial are generally covered by the deceased person’s estate. However, if the estate lacks sufficient funds or there is no will specifying otherwise, the next of kin might be held responsible for these costs. In some instances, the next of kin can seek assistance from the government or other sources to help cover the expenses.

Why work with us?

Finders International provides a hassle-free, cost-free next of kin finding service for local authorities and other public sector bodies in England and Wales. With decades of experience, we have worked closely with local authorities to locate the missing relatives of individuals who die intestate within their jurisdictions.You can trust that we will exhaust every effort to locate relatives, going the extra mile when necessary.

Key benefits of using our services:

    • Proactive and Tenacious Approach: We are dedicated to being thorough and persistent in our investigations.
    • Timely Updates: We will keep you informed with confirmed news as soon as it becomes available.
    • Compassionate and Professional Service: We handle all matters with sensitivity and professionalism.

As a leading international probate research firm and winners of numerous awards, tracing next of kin is at the heart of our operations—we handle these cases daily, whether commissioned by public sector bodies, legal firms, financial institutions, or pursuing cases listed in the Government’s Legal Department's Bona Vacantia unclaimed estate list.