Also known as: next-of-kin · NOK · nearest relative
Written by attorneys · grounded in primary & secondary sources — see below
The persons entitled to succeed to a decedent's personal property under the applicable statute of intestate succession. Modern statutes treat the term as designating a class of takers in a governing instrument without presumptively creating a reversion in the transferor.
Professor Lila created a testamentary trust directing income for her grandchildren's education and the remainder to her next of kin. After the grandchildren completed school, her nephew Marcus was the only surviving relative. Marcus receives the remainder as a member of the designated class.
Earl conveyed his farm in trust to his sons Mark and David for their lives, with the remainder to his next of kin. Mark later sold his life interest to neighbor Nora. Nora holds a valid life estate because the remainder interest belongs to the class of next of kin rather than reverting to Earl's estate.
Select any source to read its text and confirm it supports the definition.
A grantor conveyed property in trust for a life tenant with remainder to the grantor's heirs and next of kin. The two classes coincided at the life tenant's death. The property passes to those individuals under the instrument rather than returning to the grantor's estate.
A testatrix left property to a trustee with directions to distribute according to her unstated wishes. The trust failed for indefiniteness. The next of kin of the testatrix take the property by resulting trust.
An Idaho statute listed persons entitled to appointment as administrator, placing the next of kin entitled to share in the estate after siblings. A female applicant challenged the preference given to males in the same degree. The next-of-kin category supplied the pool from which the court selected the administrator.
A slayer acquired title to property by murdering the owner. Equity imposed a constructive trust on the slayer. The next of kin of the decedent receive the property through the constructive trust.
No. Under modern statutes the doctrine of worthier title is abolished both as a rule of law and as a rule of construction. Language such as next of kin therefore creates a remainder in the designated class rather than a reversion in the transferor.
Supporting sources
The class is determined at the time the disposition is to take effect in possession or enjoyment unless the instrument manifests a contrary intent. The persons who would succeed to the designated individual's intestate estate at that moment take the property.
Supporting sources
Yes. Once the worthier-title doctrine is abolished the remainder is a genuine future interest that is alienable. A life tenant may therefore convey a marketable life estate without concern that a hidden reversion clouds title.
Supporting sources
…to have appointed. 2. The children. 3. The father or mother. 4. The brothers. 5. The sisters. 6. The grandchildren. 7. The next of kin entitled to share in the distribution of the estate. 8. Any of the kindred. 9. The public administrator. 10. The creditors of such person at the time of death. 11. Any person legally…