In Alberta, your next of kin is your closest living relative. This is the person who may be called upon to make important decisions on your behalf if you’re unable to. Whether it’s handling your estate, making medical choices, or arranging a funeral, understanding who qualifies as your next of kin can help you plan ahead and ensure your wishes are respected.

If you don’t have a legally valid will or legal directive in place, Alberta’s Wills and Succession Act determines the next of kin in a set order. If no family members or closest living relative can be found, the government may step in.

To make sure the right person is in charge when it matters most, consider creating a will, personal directive, or power of attorney. By taking action now, you prevent legal complications and ensure your loved ones aren’t left guessing.

    

Who Would be Considered Next to Kin?

In English common law, which forms the basis of legal systems in Canada and other Commonwealth countries, “next of kin” refers to the closest blood relatives who would inherit land, wealth, or titles if someone died without a will. Over time, the term expanded beyond inheritance to include responsibilities in medical decisions, funeral arrangements, and legal matters when an individual was unable to act for themselves.

In Canada, your next of kin is determined based on a legal order of priority. It does not necessarily only include blood relatives (for example, adopted children have the same rights as direct offspring). Next of kin are ranked as follows:

1. Spouse or Adult Interdependent Partner (Common-Law Partner) – If the deceased person had a legal spouse or a recognized common-law partner.
2. Children (Biological or Adopted): If there is no surviving spouse, the estate is divided among the children.
3. Grandchildren: If children have predeceased the person, their share goes to their children (the deceased’s grandchildren).
4. Parents: If there is no surviving spouse or children, the parents inherit.
5. Siblings: If the parents are deceased, the estate goes to the siblings.
6. Nieces and Nephews: If a sibling has predeceased, their children inherit in their place.
7. Extended Family (Aunts, Uncles, Cousins, etc.): If no close relatives are found, more distant relatives may inherit.
8. Government of Alberta: If no next of kin can be identified, the estate goes to the provincial government under escheat laws.

Does Next of Kin Override a Will?

No, next of kin does not override a will. If you have a legally binding will, you have full control over who inherits your assets, who manages your estate, and who makes key decisions on your behalf. Your next of kin or closest living relative does not have automatic authority over your estate if your will clearly outlines your wishes. You can designate an executor to handle your estate, name specific beneficiaries, and ensure that your final instructions are followed as stated in your will.

However, for a will to be enforceable, it must be legally binding. This means it must meet Alberta’s legal requirements, including proper signatures, witnesses, and clarity in outlining how your estate should be distributed. Suppose a will is invalid, like if it is improperly signed or contested due to lack of mental capacity. In that case, the next of kin may become responsible for managing the estate according to Alberta’s Wills and Succession Act. In this case, the law would determine inheritance based on next of kin priority, which may result in your estate being distributed in ways you did not intend.

Responsibilities of Next of Kin

A next of kin is not only in line to inherit assets but may also be responsible for handling medical and financial matters, as well as funeral arrangements or burial services.

If a person dies without a will (intestate), their spouse or their next of kin may be required to manage the estate by applying for a grant of administration, ensuring that assets are distributed according to Alberta’s Wills and Succession Act, and settling outstanding debts such as loans and taxes. They may also be responsible for making funeral arrangements, including decisions on cremation or memorial services.

In cases where a person becomes incapacitated without a personal directive or power of attorney, a relative or their next of kin may need to make medical decisions, such as consenting to treatments, surgeries, or long-term care plans. They might also have to manage financial matters, ensuring that bills, mortgages, and other expenses are paid. If necessary, they may need to apply for guardianship or trusteeship through the courts to obtain legal authority over personal and financial decisions.

If a next of kin in Alberta does not want to take on the responsibilities associated with managing an estate, making health decisions, or handling financial matters, they can decline or renounce their role. The next of kin inherits even if they decline the responsibility of managing the estate.

Who Is Your Next of Kin if You’re Not Married or Single?

If you are single and not married or in a recognized Adult Interdependent Relationship in Alberta, your next of kin is determined based on legal priority under the Wills and Succession Act. If you have no direct offspring, your parents become your next of kin, and each parent will receive your estate equally if both are alive. If your parents have passed away, your siblings (including half-siblings) would be next in line, and so on and so forth.

Does Children’s Birth Order Impact Next of Kin Rules?

No, birth order does not impact next of kin rights in Alberta, Canada. All biological and legally adopted children are considered equal under Alberta’s Wills and Succession Act, meaning the eldest child has no automatic priority over younger siblings regarding inheritance rights after an individual’s death or decision-making in a time of need.

What if There Is No Next of Kin?

If a person dies without a will and has no next of kin, their estate falls under escheat laws, meaning the Government of Alberta may ultimately claim ownership of their assets. Before this happens, the Office of the Public Guardian and Trustee (OPGT) steps in to manage the person’s estate. Their first responsibility is to conduct a thorough search for any possible heirs or family members. If no eligible relatives are found, the Public Trustee can be called upon to handle estate administration, ensuring that outstanding debts, taxes, and expenses are paid after a person’s death. Any remaining assets are held for a period to allow potential heirs to come forward.

If no rightful heirs claim the estate within the designated time, in most cases, the assets are transferred to the Government of Alberta through escheat; escheat laws are governed by the Escheats Act, Unclaimed Personal Property and Vested Property Act, and Civil Forfeiture Act, which legally allow the province to absorb unclaimed property. Similarly, suppose an individual becomes incapacitated with no next of kin and no legally assigned power of attorney or personal directive. In that case, the government may called upon to assume control of their financial and medical decisions.

Essential Estate Planning Documents in Alberta

To prevent your estate or decisions about your health from being taken over by the government, it is essential to have a comprehensive estate plan in place. Without proper legal documentation, important decisions about your assets, healthcare, and even the care of your children could be made by the courts or the Public Trustee rather than by someone you trust.

A legally binding will is the foundation of any estate plan. It ensures that your assets go to your chosen beneficiaries and not according to Alberta’s default inheritance laws. It also allows you to appoint an executor who will manage your estate. If you have minor children, your will is especially critical, as it allows you to appoint a guardian who will take care of them in the event of your passing. Without this, the courts will have to decide who assumes custody, making decisions which may not align with your wishes.

A power of attorney allows you to designate someone you trust to handle financial matters if you become incapacitated. This means that your bills, mortgage, and other obligations can still be managed without court involvement. Without a power of attorney, your finances could be frozen until a legal guardian is appointed by the courts, causing delays and unnecessary stress for your loved ones.

A personal directive enables you to name a trusted individual to make medical decisions on your behalf, ensuring that your healthcare preferences are followed even if you are unable to communicate. Without this legal document, the government or courts may assign a decision-maker who may not be familiar with your personal wishes regarding medical treatments, long-term care, or end-of-life care.

Without these essential legal documents, your estate and personal decisions could fall under intestate succession laws, leading to delays, unnecessary costs, and decisions that may not reflect your values or best interests. Taking the time to create a legally binding estate plan with a will and estate planning lawyer now gives you peace of mind and ensures that your assets, family, and personal affairs are handled according to your wishes. Contact our law office today to get started on these documents and secure your estate plan now to protect your future.

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