What is a person's next of kin?

Q: What is a person's next of kin?


A: A person's next of kin (NOK) is that person's closest living blood relative or relatives.

Q: Does every country have the same definition for "next of kin"?


A: No, some countries such as the United States have a legal definition of "next of kin" while other countries such as the United Kingdom may not necessarily refer to blood relatives at all.

Q: Who typically has decision-making power in cases where there is no clear will or instructions given and the person has no spouse?


A: In these cases, rights regarding inheritance usually flow to the closest relative (regardless of age), usually a child, parent or sibling. If there are no close adult relatives, decision-making power often flows to a niece or nephew, first cousin, aunt or uncle, or grandparent.

Q: What happens if a person dies intestate with no identifiable next of kin?


A: The deceased's estate generally escheats (legally reverts) to the government.

Q: In what circumstances can the next of kin participate in medical decisions made by medical personnel?


A: If a person is incapable (because of age or mental infirmity, or they are unconscious) of making decisions for themselves and they have no spouse or children, then their next of kin may participate in medical decisions made by medical personnel subject to specific laws in that jurisdiction.


Q: Are adopted children treated as blood relatives when it comes to determining who is considered next of kin?


A: Yes, adopted children are treated as blood relatives when it comes to determining who is considered next of kin.

Q: Are relatives by marriage ever considered next of kin?


A:No, relatives by marriage are never considered next ofkin.

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