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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10343
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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A relative has passed away without leaving a will. After sale

Customer Question

A relative has passed away without leaving a will. After sale of their property, the estate will ultimately be divided equally between a group of first cousins on either side of the family. Some have yet to be traced. If any die prior to distribution of the estate, do their shares simply revert to the estate, which is then divided between surviving cousins ?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could yo uplease clarify which relative has died, and whether they had any brothers or sisters, and if these people have died before the deceased, whether they left any children? (I am assuming the deceased was not married and did not have any children).

I look forward to hearing from you.

Kind Regards

AL

Customer: replied 2 years ago.

Many thanks. Correct that the deceased died without children. His relation to me was first cousin - son of my late mother's late sister. He was an only child. No surviving Uncles or Aunts but at least 8 surviving cousins on both sides of the family - with others known of but their details to be traced. The age issue in my original question is that most of the people in line for the eventual distribution are in their mid-late 80s. Some of the group could quite conceivably pass on before the estate is finalised for distribution - which will entail a property sale, probably in Spring 2015. A potential issue is therefore how the estate divides if one or more of those with entitlement should pass on before everything is finalised and the point of distribution is reached. Thanks. RDJ

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

Under the Intestacy Rules, his Estate would be divided equally between any of his an aunts or uncles, but as these people have already died, their children (the cousins of the deceased) inherit in their place. The children take equally between them, the share their mother or father would have inherited had they been alive on the date the deceased died.

Turning to your main question, all those cousins who were alive on the date the deceased died are entitled to their share. If any of the cousins subsequently die (ie before the Estate has been administered), then their respective share passes in accordance with their Will, or if they had not made a Will, in accordance with the Intestacy rules applicable to them.

So, the share would NOT pass to the other surviving cousins due to inherit under the deceased's Estate.

I hope this makes sense and assists you.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10343
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and 2 other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi Roger,

Can I assist you any further?

Kind Regards

AL

Customer: replied 2 years ago.

That makes things clear on a key point. Thanks VM.

Regards,

RDJ

Expert:  Aston Lawyer replied 2 years ago.

Thanks Roger.

All the Best

AL

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