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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7620
Experience:  UK solicitor
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Uncle has died without a will, who is entitled to his estate?

Resolved Question:

Uncle has died without a will, who is entitled to his estate? His parents are deceased and he has 4 brothers and sisters, one is deceased.
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Thanks for your question.
Was he married at the date of his death?
Did he have any children?
Kind regards.
Customer: replied 2 years ago.

No, never married. Lived on his own

Expert:  Thomas replied 2 years ago.
Did his deceased brother have any children?
I will be able to answer after you reply.
Customer: replied 2 years ago.

No, no children.

Expert:  Thomas replied 2 years ago.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If your uncle has died without a Will then his estate would pass under the Intestacy Rules.
If a person is unmarried (including not having a civil partner), does not have any children, does not have any parents then the estate would pass to his brothers/sisters providing that they are of whole blood (ie. not half-brothers/sisters). If any of the brothers or the sisters died but themselves left children then the relevant brother’s/sister’s share would pass to that brother’s/sister/s children.
So, in these circumstances the estate would pass to the deceased’s three living brothers and sisters providing that they are not half brothers or sisters.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Customer: replied 2 years ago.

Thank you for your answer. Can you just clarify that my Uncle had 4 brothers/sisters - one of whom has passed (my Father). Are you saying that the estate would pass only to the living brothers/sisters or would my late Father (therefore me as his only child) be entitled as well?

Expert:  Thomas replied 2 years ago.
If your father was the brother of your deceased uncle then you (and any other brothers/sisters) you would inherit your father's share of the estate.
I asked you if your uncle's deceased brother had any children. You said no (ie which is incorrect, because you yourself are your uncle's deceased brother's child).
If your uncle had 4 brothers/sisters then the estate will be split in to four. Three of the parts will go to your uncle's brothers/sisters that are still alive. The remaining one part will go to you or to you andyour brothers/sisters in equal shares (if you have any).
Kind regards.
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