This article is intended to provide general advice only. The contents do not constitute legal advice and should not be relied upon as such. Readers should seek specific expert and legal advice in relation to the information provided in this article.
While there is no statutory definition of next of kin, the Coroners Act 2008 (Vic) contains the following definitions:
[1] immediate family in relation to a deceased person, means spouse, domestic partner, son, daughter, parent, sibling, executor, personal representative or a person determined to be the senior next of kin.
[2] senior next of kin in relation to a deceased person, means —
(a) if the person, immediately before death had a spouse or domestic partner — the spouse or domestic partner; or
(b) if the person immediately before death did not have a spouse or domestic partner or if the spouse or domestic partner is not available — a son or daughter of or over the age of 18 years; or
(c) if a spouse, domestic partner, son or daughter is not available — a parent; or
(d) if a spouse, domestic partner, son, daughter or parent is not available — a sibling who is of or over the age of 18 years; or
(e) if a spouse, domestic partner, son, daughter, parent or sibling is not available — a person named in the will as an executor; or
(f) if a spouse, domestic partner, son, daughter, parent, sibling or executor is not available — a person who, immediately before the death, was a personal representative of the deceased; or
(g) if a spouse, domestic partner, son, daughter, parent, sibling, executor or personal representative is not available — a person determined to be the senior next of kin.
[3] child means a person under the age of 18 years.
[4] domestic partner of a person means —
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person —
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation).
[5] parent, in relation to a child, includes —
(a) a step-parent;
(b) an adoptive parent;
(c) a foster parent;
(d) a guardian;
(e) a person who has custody or daily care and control;
(f) a person who has all the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which, by law, parents have in relation to children.
[6] sibling in relation to a person includes a half-brother, half-sister, adoptive brother, adoptive sister, step-brother or step-sister of the person.
[7] spouse of a person means a person to whom that person is married.
[1] Coroners Act 2008 (Vic) s 3.
[2] Coroners Act 2008 (Vic) s 3.
[3] Coroners Act 2008 (Vic) s 3.
[4] Coroners Act 2008 (Vic) s 3.
[5] Coroners Act 2008 (Vic) s 3.
[6] Coroners Act 2008 (Vic) s 3.
[7] Coroners Act 2008 (Vic) s 3.