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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I had a German auntie who died June 2012 my father was the

Resolved Question:

I had a German auntie who died June 2012 my father was the last sibling left but died December 2012, my auntie didn't leave a will. A german solicitor contacted one of my brothers December 2013 through our funeral directors, my brother spoke by telephone and gave all my brothers details and sent all our Birth Certificates and my fathers Death Certificate to the solicitor. We have several cousins in Germany because my father was one of seven siblings, because my father died after my auntie does he inherit my auntie estate but then it comes down to myself and brother
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if your auntie ever had any children please?

Customer:

Hi Joshua my auntie didn't have any children, I think she was married but don't know if husband died or she got devorced

Joshua :

My apologies for the delay in reverting to you. Thank you for the above. From your knowledge however you believe that she was either divorced or wodowed on her passing - i.e. she had no spouse at that time?

Customer:

Hi no she didn't have any spouse or children at time of death the only sibling alive was her brother who is my father but died 6 months later

Joshua :

Thanks.

Joshua :

On this basis under German law her estaet would pass to her parents and their decendents. What this means in practice is that in the assumption her parents have passed away, the her esate should pass to her siblings in equal shares and where her siblings have passed away, their individual shares pass down to their children.

Joshua :

From what you say all of her siblings have sadly passed away as well and accordingly you are entitled to your fathers share equally with any brothers and sisters you have.

Joshua :

Where any of her other siblings left children (cousins to you) they would also be entitled to their parents share on the same basis.

Joshua :

In order to translate the above into actual practice, could you tell me how many siblings your father had and how many of those siblings left children (your cousins) to your knowledge?

Customer:

Hi my father had in total six siblings and between them had 15 children to my knowledge

Joshua :

Thank you. On that basis under German law your aunty's estate should be divided into six shares with each sibling receiving 1/6. Where a sibling has passed away leaving children, that 1/6 share should be passed down to that siblings children to be divided equally between them. If a sibling passes away without leaving children their 1.6 share accrues to the other siblings shares.

Joshua :

Accordingly if all your fathers siblings passed away leaving children, you should be entitled to a 1/6 share of the estate divided between you and your siblings. If any of your fathers siblings passed away without leaving children then your fathers share may be larger than 1/6.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Hi yes even though my father died later than his sister and my father was the last sibling remaining why doesn't the estate goes to my father then my brothers and myself or it doesn't work that way

Joshua :

That is very good question. The reason your aunts estate does not go in its entirety to your father is that German law provides that where your aunt's sibling passes away before your aunt their share in the estate does not fail but rather is redirected to any children they left. If that sibling passed away without children then the share would fail and would accrue to other siblings. English law provides for a similar provision.

Joshua :

Is there anything else I can help you with?

Customer:

Hi thanks very much

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