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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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Hi. Does the concept of issue apply to great nieces and

Customer Question

Hi. Does the concept of issue apply to great nieces and nephews - eg. in the event that my mother would have been the sole beneficiary of her aunt's will do I and and my siblings inherit anything which would have passed to my mother (who predeceased her aunt).

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
No, that rule only applies to parents and children. If your mother was sole beneficiary and predeceased her aunt, the aunt's estate would pass according to the laws of intestacy, to the nearest living relatives.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thanks - sorry I omitted to mention that half of my late aubt's estate is intestate. Half was specified as going to my father (husband of the blood niece) and half to my late aunt's brother - who had no children and pre-deceased her. The only living relatives down the ladder are my brother, sister and I (a great nieces and nephews). Next are cousins - the daughters of my late great aunt's aunts. My great aunt had three brothers and sisters but only one, my grandfather, had children and only one child, my late mother. None of my great aunt's siblings are alive. So it is the rule of insets act in there situations we are looking to test!
Expert:  JGM replied 2 years ago.
Here are the rules if intestate succession:
After any prior rights and legal rights have been satisfied, the remainder of the intestate estate, both heritable and moveable, devolves (without distinction between heritable and moveable estate) in the following order, any surviving relative in an earlier group taking precedence, thereby precluding any surviving relatives in a later group from succeeding to any part of the estate, viz.:
( a) Children take the whole.
( b) Either or both parents and brothers and sisters - half to parent or parents and half to brothers and sisters.
( c) Brothers and sisters take the whole.
( d) Either or both parents take the whole.
( e) Husband or wife or civil partner - surviving spouse or civil partner takes the whole.
( f) Uncles or aunts (on either parent's side) take the whole.
( g) Grandparent or grandparents (on either side) take the whole.
( h) Brothers and sisters of any grandparents (on either side) take the whole.
( i) Ancestors of intestate remoter than grandparents, on both paternal and maternal sides generation by generation successively take the whole, but if no ancestors survive in any generation their brothers and sisters come before ancestors of the next more remote generation.
( j) Finally, the Crown as ultimus haeres, failing any relatives in the foregoing categories, takes the whole.
The application of the foregoing order of succession is subject to three general principles:
( i) There is no preference for male persons, or in regard to age. For instance, brothers do not rank before sisters, or elder brothers before younger (except in relation to succession to such things as titles and coats of arms).
( ii) There is representation in all branches of succession, i.e. where any relative who would, if alive, have been entitled to succeed to the whole or any part of the intestate estate has predeceased leaving children, such children take equally among them the share which their deceased parent would have received if in life. If, however, the persons taking by representation are all in the same degree of relationship to the deceased, each individual takes an equal share.
( iii) In the case of collaterals, i.e. brothers and sisters of the deceased or of an ancestor of the deceased, both those of the full blood and those of the half blood are entitled to succeed, but collaterals of the full blood have preference:
if there are no collaterals of the full blood, the collaterals of the half blood rank without distinction as between those related through the father or mother.
Following those rules, if I am understanding your narrative correctly, the children of your great aunt's aunts would inherit following paragraphs (f) and (ii).
Had your mother been alive she could have claimed her father's inheritance (brother of the deceased) but that right doesn't pass on down to your generation.
Happy to discuss further.

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