Succession Act 1965 section 71

Ascertainment of next-of-kin

Section 71 sets out the rules for identifying who qualifies as the next-of-kin of a person who dies intestate, including how degrees of blood relationship are calculated.

• The next-of-kin are those persons who, at the date of death, stand nearest in blood relationship to the deceased.
• This is subject to the rights of representation (i.e. the right of a deceased relative's children to step into that relative's share) under section 70.
• Degrees of relationship are calculated by counting steps upward from the deceased to a common ancestor, and then downward to the relative in question.
• Where a direct lineal ancestor (e.g. a grandparent) and another relative (e.g. a nephew) fall within the same degree of relationship, the other relative is preferred and the direct ancestor is excluded.