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Question regarding intestacy rules.

(30 Posts)
Lathyrus3 Thu 17-Apr-25 15:06:52

David49

If a beneficiary has died with no provision for their descendants that share goes back into the pot for other beneficiaries. No others need to be considered.

As there is a legal will intestacy has not occurred

Not necessarily if the will specifies an amount or a possession like a house eg the house to my cousin Jane. £5000 to my cousin Mary, the residue to my cousin Anne (and she is now deceased) Jane and Mary can’t have the residue direct because their share has been specified.

That’s why you really need a good solicitor for writing a will!

Lathyrus3 Thu 17-Apr-25 14:58:30

I inherited a (very small by the time it was divided up) amount from a relative of my mother.

It went:

Deceased

Children - no

Sibling - no

Father/mother -deceased

Siblings of father and mother - in my case my grandmother but there were lots more.

She was deceased - so to her child my mother

My mother deceased - so to her children me and my sister

My sister deceased- so to her son

That’s as far as our family went. As I say it was a very small amount because there were lots of relatives involved. The solicitor tracked relatives as far as possible.

David49 Thu 17-Apr-25 14:53:38

If a beneficiary has died with no provision for their descendants that share goes back into the pot for other beneficiaries. No others need to be considered.

As there is a legal will intestacy has not occurred

Aely Thu 17-Apr-25 14:42:25

Thankfully my mother's estate did not cause me any problems when I was Executor. I did it mostly myself but with a solicitor's advice and help where necessary.

Sorting it out is the job of the person granted probate.

These days, www.gov.uk lays out the rules I think. More difficult to find out in my mother's day!

However:-
A quick trip to a solicitor by the person with probate would settle the question - and shouldn't be too expensive. A 15 minute appointment would probably suffice.

I did see this on the web and it would seem logical - but I am NOT a solicitor. The "Generally speaking" makes me suspicious.
"Generally speaking, if a beneficiary dies before you, their gift lapses – it becomes null and void as if it never existed. Their share is then distributed as part of your estate to the remaining beneficiaries."

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.