How to Prove You Are Next of Kin for Inheritance

To prove you are next of kin for inheritance in England and Wales, you need documents that show your relationship to the person who died, usually birth, marriage or civil partnership certificates, alongside the death certificate. However, “next of kin” has no fixed legal meaning here, and being next of kin does not automatically mean you inherit. What you actually inherit depends on whether there is a valid will, and if there is not, on the intestacy rules.

Does “next of kin” have a legal meaning?

Not really. In England and Wales the phrase is used informally, for example, by hospitals to identify a main point of contact, but it confers no automatic right to inherit or to make decisions. There is no legal definition that ranks family members. This surprises many people, who assume the “next of kin” is in charge after a death.

Who inherits if there is a will?

If there is a valid will, it decides who inherits, regardless of who is closest in the family. The named executors are responsible for administering the estate, and the beneficiaries are whoever the will specifies. A relative who would otherwise be next of kin may receive nothing if the will does not provide for them. You can read about the role of executors on our wills page.

Who inherits if there is no will?

If there is no valid will, the person died “intestate” and the intestacy rules decide who inherits, in a strict order of priority. A surviving spouse or civil partner comes first. Where there are children, the spouse or civil partner receives the deceased’s personal possessions, a statutory legacy of £322,000 (the fixed sum set since July 2023), and half of anything above that, with the children sharing the rest. If there is no spouse, the estate passes down a fixed order: children, then parents, then siblings, and so on.

What about unmarried partners?

This is where many people are caught out. An unmarried partner is not recognised under the intestacy rules and inherits nothing automatically, no matter how long the couple lived together, there is no “common law marriage”. An unmarried partner may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that means going to court. The only reliable way to provide for a partner is to make a will.

What documents do you need?

To establish your relationship and deal with the estate, you will typically need:

• The death certificate
• Your own birth certificate, and marriage or civil partnership certificates, linking you to the deceased
• The will, if there is one, naming the executors
• The grant of probate (where there is a will) or letters of administration (where there is not), which give legal authority to deal with the estate

How do you get authority to deal with the estate?

Where there is a will, the executors apply for a grant of probate. Where there is no will, the person entitled under the intestacy rules, usually the closest relative, applies for letters of administration. Both give legal authority to collect in and distribute the estate. The process can be straightforward or complex depending on the estate.

Getting help

If you need to establish your entitlement or administer an estate, our probate team can guide you through it and handle the application for you. See our probate service, or request a callback to talk it through.