Next of Kin (without a Wills)

How is your Asset distributed without a Wills? Or an invalid one?

In case where there is no Wills or invalid Wills, then your asset need to pass the Supreme Court through an application progress. This application progress is usually made by the Next of Kin.

The Guide and Rules to dividing your asset follow a “Legislation” formulas set by the Victorian Government. Without a valid Wills you are unable to give your love’s one the inheritance as it is yours Wills.

The order which is considered your Next of Kins is as follow:

  • spouse/partner
  • children
  • parents
  • then siblings
  • then grandparents
  • then uncles and aunts
  • then cousins.

The estate is then pass to the government under a Crown Estate system when there are no living relatives.

See us to prepare yourself a valid Wills and ensure it is Executor correctly.



Next of Kin (in event of Decease)

The Definition of the terms “Next of Kin” varies from State to State and Country to Country. In this article we explore the Next of Kin in relation to Victoria, Australia in the event of reportable death.

Please note that this may not be applicable for other event such as from Wills, Medical, etc.

This article mainly explore the order in which the Next of Kin is appointed, for more information on what is involved as the Next of Kin, please refer to the website below.

The role of Next of Kin be the first point of contact, which may include identifying the person, obtaining and providing documentation and information, receiving report, etc.

In most case the Next of Kin is usually the person’s spouse or domestic partner. In case where the person is unable the order is as follow:

  • spouse/partner
  • an adult son or daughter
  • a parent
  • an adult sibling
  • a person named in the will as an executor
  • a person who, immediately before the death, was a personal representative of the deceased (for example lawyers)
  • a person determined by the coroner to be taken as the senior next of kin because of the closeness of the person’s relationship with the deceased person immediately before his or her death.

Reference: https://www.coronerscourt.vic.gov.au/families/first-48-hours-families/senior-next-kin