Who would be considered my next of kin, my sister or my brother?

Question

I'm not married, I don't have a partner or even a boyfriend. Neither do I have any children and both my parents have died. I have a sister and a brother, both older than me. My sister is the eldest of us but my brother is my closest male relative.

Legally, which of them is my next of kin, the eldest of the family (my sister) or is it still closest male relative (my brother)?

I usually put both of them but if I have to pick one, I put my brother as he lives about eight miles from me and my sister lives three hundred. So he has it for sheer practicality but I know they'd argue the toss so if there's any legal eagles who know what I can say to them, please tell me.

Answer 1

In this case you nominate your next of kin. Who would be best to take on the responsibilities and the decision-making? If you were unable to make decisions for yourself, to which one would you give a power of attorney? If you were rushed into emergency and a decision had to be made as to your treatment, to whom would you entrust that life-and-death decision? Until you are married, this sibling would be responsible for your long-term care if you were sick, your funeral arrangements if you died and which of your bills get paid when, if you were unable to sign checks.

Personally, if I felt both brother and sister were equally reliable, I would opt for the one with the fewest responsibilities and problems of their own, because their interests will supercede yours, sometimes to your detriment. Not for lack of love I have seen the next of kin make unsound decisions based on their own personal/financial circumstances. For example, if a relative is broke, they might put their childrens' welfare before yours and spend all your money on them, deluding themselves into thinking that is what you would want. It is a natural reaction to circumstances when people have children, especially young children, and especially when they have financial difficulties.

Answer 2

With what you list... SIBLINGS are your next of kin, equally. Male or female does not legally take any precedence. If the issue is a form that wants who to notify in emergency, either would work.
There is no "toss" to win.
Which do you trust more to help, if need be?
If you have any estate and died, then both are legally entitled...UNLESS you leave a will, specifying one or the other.

Answer 3

I had to look into this in a mental health context and in that area of the law anyway, the eldest child of your parents is your next of kin, i.e. your sister, provided that she is resident in the UK. She doesn't, of course, have to accept the privilege, in which case it passes to your brother. But I hope that we can rule out any need of intervention in that context!

As far as hospitals are concerned, they are happy to accept the patient's nomination of a next of kin and the nominated person need not even be a relative! You may happily continue to name your brother on all hospital forms.

Answer 4

In the UK both are equal in legal status and on forms and the like you chose.The elder brother bit went out with the ark.It is a good idea to make a will in a case like yours to avoid any arguments in the case of your demise which I hope wont be for a long time.

Answer 5

I would imagine legal wise it would be the eldest, but you should always state on documents etc. the first to contact (whichever one you want) and you should have a will saying the same, even if you don't have anything to leave.

Answer 6

Ithink youve done the right thing by putting the nearest on to you.Your sister will understand why youve done it.

Answer 7

It is up to you who you chose, however it makes little difference to the law. Just make your own decision on this one.

Answer 8

If in ref to a notification, then it's whoever is closest. If it's for probate or inheiritance, then they have to hash that out in court

Answer 9

you put down out of choice !!! it does not relate to age

Answer 10

your brother