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Question regarding intestacy rules.

(31 Posts)
Oldnproud Thu 17-Apr-25 13:59:33

An elderly relative died two months ago, but one of the beneficiaries (who would have inherited 25% of the estate) predeceased her by one week.
Unfortunately, there was no clause in the Will that said what should be done in this event, so that share of the estate is now
considered Intestate. (Please excuse me if I am not using quite the right wording, but hopefully you will get the gist.)

If I understand correctly, only direct descendants can now inherit that share. If there are none who are close enough, that share will go to the crown

The deceased had never had siblings or children, so the person dealing with the Will has asked if she had aunts and uncles, and if we were able to supply a list, possibly a family tree, showing the relationships.

As it happens, I have been researching our extended family tree for over a year now, so I do have a lot of information available, though there are a few gaps, and I can't be 100% sure that my findings are absolutely accurate.

Obviously, because of my late aunt's age, all her aunties and uncles have been dead for many years, as, I believe, have most or all of their children, her cousins (I found death records for all but one).

What I am really unsure of is how far down the chain this can go. Can the children of her deceased cousins inherit in their place?
If so, that is where it will become very complicated and, I suspect, expensive, as I have not been able to find many records at all for that generation, but presumably it would have to be researched by someone.

I would be really grateful if anyone can clarify for me exactly how far down the line an inheritance can pass under the rules of intestacy, and also for any advice on how best to proceed.

Many thanks if you have taken the time to read this.

Silverbrooks Fri 18-Apr-25 10:02:28

The law is the Administration of Estates Act 1925.

Fourthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate); but if no person takes an absolutely vested interest under such trusts;

The term statutory trusts is key there. It means where assets are held in trust as defined and governed by a specific law or statute, rather than by a private agreement or will. This is common in cases of intestacy where assets are automatically placed in trust for the benefit of children.

Here's another text confirming that issue of aunts and uncles are next in line:

iwcprobateservices.co.uk/downloads/freeforms/IntestacyRules.pdf

... If no grandparents but uncles or aunts of the whole blood including the children of any such uncles or aunts who predeceased ...

Usedtobeblonde Fri 18-Apr-25 10:09:00

As we seem to have knowledgeable people on here can anyone tell me if I apply for a copy of someone’s will, will the executors, legatees be informed in any way?
My SiL told my H and I, we and his siblings were to inherit something on her death, her H had died some years before and they had no children.
Her own siblings pre- deceased her.
We never heard a word after her death and I am intrigued as to what the will said.

Silverbrooks Fri 18-Apr-25 10:28:11

... if I apply for a copy of someone’s Will, will the executors, legatees be informed in any way ...

No. Assuming this was in England or Wales - you can apply online through the Probate Service. It costs £1.50.

probatesearch.service.gov.uk/

SporeRB Fri 18-Apr-25 10:43:32

Your brother, as the executor of the estate, should engage a solicitor. The solicitor will then engage a genealogy company who will then try to trace the 1st cousins and children of the deceased 1st cousins for the intestate part of the will from your family tree. 2nd cousins cannot inherit under intestate laws.

Your solicitor will advise you what to do with regards to insurance.

My husband’s cousin died without leaving a will. There were 22 beneficiaries including 1st cousins and children of deceased 1st cousins.

One of the cousins agree to become the executor. The estate took 4 years to settle, there was a big question mark whether the cousin who died in France had an illegitimate daughter and a lot of time was spent trying to trace her.

The biggest beneficiary is the Inland Revenue and the solicitor received as much as the cousins.

Borrheid55 Thu 24-Apr-25 19:11:23

The Probate Dept will give you advice. As there is a will, there will be a protocol to follow regarding ‘ table of consanguinity’. It clarifies family connections.