Is the Oldest Child Automatically Next of Kin?
When a person has died leaving children as their ‘Next of Kin’ there is often a misconception that the eldest child has a priority in being the ‘Next of Kin’. This is not the case; all children are equally entitled to be ‘Next of Kin’.
The term ‘Next of Kin’ is used to describe a person’s closest living relative. It is usually used in the context of medical care, wills, and estates. When a person dies, their ‘Next of Kin’ is responsible for dealing with their estate and making decisions on their behalf.
The law does not give any preference to the eldest child when it comes to being the ‘Next of Kin’. All children have an equal right to be the ‘Next of Kin’ regardless of their age. This means that the youngest child can be the ‘Next of Kin’ if the parents wish it to be so.
In some cases, the ‘Next of Kin’ may be determined by the will of the deceased. If the will specifies who should be the ‘Next of Kin’, then that person will be the one responsible for dealing with the estate. If there is no will, then the ‘Next of Kin’ will be determined by the law.
In most cases, the ‘Next of Kin’ will be the spouse of the deceased. If there is no spouse, then the ‘Next of Kin’ will be the children of the deceased. If there are no children, then the ‘Next of Kin’ will be the parents of the deceased.
It is important to remember that the ‘Next of Kin’ is not automatically the eldest child. All children have an equal right to be the ‘Next of Kin’ and the parents can choose who they want to be the ‘Next of Kin’.
It is important to make sure that the ‘Next of Kin’ is chosen carefully and that the wishes of the deceased are respected. The ‘Next of Kin’ will be responsible for making important decisions on behalf of the deceased and it is important that they are chosen with care.
In conclusion, it is important to remember that the eldest child is not automatically the ‘Next of Kin’. All children have an equal right to be the ‘Next of Kin’ and the parents can choose who they want to be the ‘Next of Kin’. It is important to make sure that the ‘Next of Kin’ is chosen carefully and that the wishes of the deceased are respected.
5 Feb 2021
