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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Hello. My MUM PASSED AWAY 34 YEARS AGO AND WAS SURVIVED BY

Resolved Question:

Hello.
My MUM PASSED AWAY 34 YEARS AGO AND WAS SURVIVED BY HER FIVE CHILDREN.

SHE DID NOT MAKE A WILL AND HER ONLY ASSETS WERE A SMALL COTTAGE ON A SMALL BIT OF LAND.
THE COTTAGE AND LAND HAVE NOT BEEN LIVED IN FOR OVER THIRTY YEARS AND TWO OF HER CHILDREN HAVE SINCE DIED.
THEREFORE MY QUESTION IS - ARE THE THREE REMAINING CHILDREN THE RIGHTFUL OWNERS OF THIS LAND, OR DOES THE SPOUSES AND CHILDREN OF THE TWO DECEASED CHILDREN HAVE AN ENTITLEMENT TO THE LAND AS WELL?
I LOOK FORWARD TO HEARING FROM YOU.
MANY THANKS.
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. The spouses and children of the deceased brothers and sisters have an interest as well. the cottage is not just owned by the three surviving children. Essentially, upon your mother's death, all surviving 5 children would have had an equal share. As each of the two children died, their share would have devolved in accordance with their will or by the rules of intestacy to their spouse, children or surviving relatives. So it is not correct to say that the three surviving children own the cottage together.

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