Anaya Nolan
The definition of a relative varies across different laws in the UK. In the Mental Health Act 1983, a nearest relative is a family member who has certain rights and responsibilities if an individual is detained in hospital under the Act. This includes the right to information and discharge in some situations. The term next of kin is different from nearest relative as the former does not have any rights under the Mental Health Act. In the context of contract law, there is no generally applicable definition of a relative, and the parties to a contract must agree on what they mean by the term if they use it. However, in other contexts, a relative is typically understood to include parents, step-parents, grandparents, siblings, half-siblings, aunts, uncles, and individuals related by marriage or civil partnership.
| Characteristics | Values |
|---|---|
| Nearest relative | A family member who has certain rights and responsibilities if you are detained in hospital under the Mental Health Act. |
| Nearest relative definition | The nearest relative is not the same as the next of kin. The next of kin does not have any rights under the Mental Health Act. |
| Nearest relative rights | Include the right to information and to discharge in some situations. |
| Nearest relative determination | The law sets out a list to decide who will be the nearest relative. The list is in strict order, and the person who is highest on the list is the nearest relative. |
| Nearest relative list order | Husband, wife, or civil partner (including cohabitee for more than 6 months); Father or mother (an unmarried father must have parental responsibility to be the nearest relative); Son or daughter (including adopted and stepchildren); Grandparent; Brother or sister (including half-siblings, with whole blood relationships taking priority); Grandchild; Uncle or aunt; Nephew or niece. |
| Relative definition | Someone who is not the child's parent but is a grandparent, stepparent, aunt, uncle, sister, or brother. This includes half-siblings who share only one parent and people related by marriage or civil partnership. |
| Relative examples | Parent's husband or wife; Stepbrothers and stepsisters; Cohabitees (people who live together as if married without legal marriage). |
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Nearest relative
In the UK, the term 'nearest relative' is specifically used in the Mental Health Act 1983. This term gives a family member certain rights and responsibilities if a person is hospitalised due to their mental health. The nearest relative is not the same as a person's next of kin.
The Mental Health Act 1983 outlines a list of people who can be considered a person's nearest relative. The list is in strict order, and the person at the top is the nearest relative. The list is as follows:
- Husband, wife, or civil partner (including cohabitee of more than 6 months)
- Father or mother (an unmarried father must have parental responsibility to be the nearest relative)
- If the person in question is under 18 and subject to a care order, the local authority will be their nearest relative, unless they have a husband, wife, or civil partner
- Elder siblings take precedence over younger siblings
- If the person has lived with a relative or is cared for by one, they will become the nearest relative
- Full blood relationships take priority over half-blood relationships
- Adoptive relationships can be a person's nearest relative
- If the person has lived with someone unrelated for more than 5 years, they will be added to the bottom of the list of relatives after nieces and nephews
The nearest relative has the right to information and, in some situations, the right to discharge the person from the hospital. It is possible to change who your nearest relative is in certain situations.
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Next of kin
In the UK, the term 'next of kin' is often used in place of 'emergency contact'. While there is no legal definition of 'next of kin' in the UK, the term is generally accepted to be the closest living relative of an individual. However, for anyone over the age of 18, there is no requirement for this to be a blood relative or guardian. This means that if you are over the age of 18, you can nominate a close friend as your next of kin.
In a medical setting, hospitals are flexible about who you nominate as your next of kin, allowing you to choose anyone from your partner to a parent or your best friend. The main point of a next of kin in this setting is to have a reliable point of contact. If the person is unconscious or unable to provide their next of kin, the hospital will try to find the person's closest living relative using a predetermined order of priority. This is usually a spouse, adult child, parent, or sibling. The next of kin of a patient in hospital is usually responsible for being easily contactable, collecting the patient once treatment is completed, and making decisions if the patient loses capacity.
When someone dies, next of kin may be used to describe the person or people who stand to inherit if the deceased did not leave a will. This is defined in the person's will or the rules of intestacy (where a will does not exist). Notably, unmarried partners and stepchildren (unless legally adopted) are not eligible to act as next of kin.
It is important to note that nominating someone as your next of kin does not give them any particular decision-making power for you. Therefore, it is advisable to draft a will, clearly indicating your preferred executor and nominating an attorney who can handle property, financial, health, and welfare decisions on your behalf.
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Parental responsibility
In the UK, most parents have legal responsibilities for their child, regardless of their relationship with their child's other parent. Mothers and fathers have a responsibility to care for their child, and both parents have a legal duty to financially contribute to their child's upbringing, whether or not they have parental responsibility.
Under the laws in England and Wales, a mother automatically has parental responsibility for her child from birth. A father who is married to the birth mother will also have parental responsibility, regardless of whether the marriage occurred before or after the child's birth. An unmarried father will have parental responsibility if he is listed on the birth certificate. In the case of same-sex parents, both will have parental responsibility if they were married or in a civil partnership before insemination. For unmarried couples, the mother who carries the child will automatically gain parental responsibility, and the second parent can acquire it by being named on the birth certificate.
If a father is not on the birth certificate and the mother does not agree for him to have parental responsibility, he can apply to the court for an order. Marrying the child's mother will also give a biological father parental responsibility, and the child's birth will need to be re-registered. Step-parents do not automatically gain parental responsibility by marrying or entering into a civil partnership with a child's parent. They can acquire it through a formal written agreement that includes the parent they are in a relationship with and the child's other parent, if they have parental responsibility.
In addition to parents, it is possible for other individuals to obtain parental responsibility. For example, a grandparent or family member could be granted this responsibility by the court. The court will assess the best interests of the child and the details of the case when determining whether to grant parental responsibility to an applicant. They will consider the applicant's relationship with the child and whether they have demonstrated a suitable commitment to the child and the duties surrounding parental responsibility. Parental responsibility typically ends when the child turns 18 but may end earlier if, for instance, the child is adopted or the parent passes away.
The term "nearest relative" is used in the Mental Health Act 1983 to refer to a family member who has certain rights and responsibilities if an individual is detained in a hospital under the Act. The nearest relative is not the same as the next of kin. The nearest relative is typically the individual's husband, wife, or civil partner, followed by their father or mother. An unmarried father must have parental responsibility to be the nearest relative. Other factors that determine the nearest relative include whether the individual has lived with or been cared for by a relative.
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Kinship carer
The UK government defines kinship care as "any situation in which a child is being raised in the care of a friend or family member who is not their parent". In other words, kinship carers are friends or family members who take on the role of parenting someone else's child.
Kinship care is a complex and confusing area, and the support provided to kinship carers in the UK has been criticised as insufficient and inconsistent across different areas. Kinship carers often experience a significant drop in income after taking on the care of a child, and many struggle financially.
There are charities in the UK, such as Kinship Carers UK and Kinship, that aim to support kinship carers by providing information, advice, and community. These charities offer resources such as support groups, workshops, and online communities to help kinship carers navigate the legal and emotional aspects of their role.
In recent years, the UK government has made efforts to improve support for kinship carers. In 2023, the government published an implementation strategy for children's social care reform, which included proposals related to kinship care. The strategy committed £20 million for the 2024/25 year to improve the lives of children in kinship care, including funding for training and support for kinship carers, and a financial allowance for special guardian kinship carers.
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Inheritance law
If the deceased, also known as the testator, left a valid will, their estate will be distributed according to their specifications. However, if they did not leave a valid will, the estate will be divided according to the rules of intestacy. These rules prioritise spouses, civil partners, children, and other close relatives. It's important to note that unmarried partners and stepchildren do not automatically inherit under intestacy law unless they are named in a valid will.
Under the rules of intestacy, if the estate is valued at more than £322,000, it is typically divided between the surviving spouse or civil partner and the children. If the estate is worth £322,000 or less, the entire amount goes to the spouse or civil partner, and the children do not inherit. In cases where the deceased had more than one child, their share of the inheritance is divided equally among them.
In situations where there are no surviving relatives who can inherit under the rules of intestacy, the estate passes to the Crown. This is known as 'bona vacantia', and the Treasury Solicitor becomes responsible for managing the estate. While the Crown can make grants from the estate, it is not obligated to agree to them.
Inheritance Tax is another important consideration in UK inheritance law. This tax is typically charged on the part of the estate that exceeds the tax-free threshold of £325,000. The standard Inheritance Tax rate is 40%, and it is paid on the portion of the estate's value that surpasses this threshold. For example, if an estate is valued at £500,000, the Inheritance Tax charged will be 40% of £175,000 (£500,000 minus the £325,000 threshold). Certain assets may qualify for a reduced tax rate of 36% if the deceased leaves at least 10% of the 'net value' of their estate to charity in their will. Additionally, some gifts given during the lifetime of the deceased may be subject to Inheritance Tax after their death, depending on when the gifts were given.
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Frequently asked questions
A relative is defined as someone who is not the child's parent but is a grandparent, stepparent, aunt, uncle, sister, or brother. This includes half-siblings who share only one parent and people related by marriage or civil partnership.
The term ''nearest relative' is used in the Mental Health Act 1983 and gives a family member rights and responsibilities if you are detained in hospital under the Act. The nearest relative is usually a spouse, civil partner, or cohabitee of more than 6 months. If you don't have one of these, it could be your parent or, in some cases, a child.
Yes, the process of changing your nearest relative is called ''displacement proceedings'. This can happen if you or the local authority have concerns about their behaviour.
While the two terms are similar, a next of kin does not have any rights under the Mental Health Act.
There is no general definition of a relative in contract law. The parties to the contract must agree on what they mean by 'relative' if they use the term.
