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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Blood relative Aunt died more than 28 days ago. Non blood relative

Resolved Question:

Blood relative Aunt died more than 28 days ago. Non blood relative Uncle just died. No will has been made by either. No blood relatives living on Uncles side. Do I have any claim to their estate.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if the aunt and uncle you refer to were married please?
If so which of the passed away first?
Customer: replied 2 years ago.

Yes they were married and my Aunt passed away first some six weeks ago.

Expert:  Joshua replied 2 years ago.
Thank you. If I may then a few final questions. Do you have any notion as to what your uncle and aunts estates might be worth? I appreciate this may be no better than a semi educated guess?Did your uncle or aunt have any children?If not did your uncle have any siblings?If so how many?Finally are you the child of one of your uncle or aunt's siblings?
Customer: replied 2 years ago.

1. £220,000

2.They had no children.

3.My uncle had one brother deceased.

4.One.

5.Yes I am the child of one of my Aunts siblings.

Expert:  Joshua replied 2 years ago.
Thank you very much for the above information. The above information prompts one hopefully final question. Does your uncles brother (deceased) have any living children?
Customer: replied 2 years ago.

Uncles brother deceased has no living children.

Expert:  Joshua replied 2 years ago.
Many thanks. The intestacy rules will apply to succesion for the estate by virtue of the Administration of Estates Act due to the lack of either your uncle or your aunt leaving a will.Because your aunt passed away first, with your uncle surviving, and because the estate was worth less than £250,000, your aunts whole estate would pass to your uncle absolutely.When your uncle passed away, if he left no children or grandchildren then the first entitled parties will be his parents if still living. Assuming his parents have predeceased him, then as he had no living siblings who left children, if he had any half siblings they would be entitled. If there are no half siblings then any living aunts and uncles would be entitled to inherit or failing which half aunts and uncles. Failing this the estate would pass to the Crown.Unfortunately because your aunt passed away, her family are not entitled to inherit because the estate first passed to your uncle and the intestacy rules only provide for the estate to pass down the line of his side of the family as above rather than to revert to your aunts.I hope the above is of assistance though I am very sorry that it is likely to come as disappointing news but I have a duty to advise you based upon the law as it stands. If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me though as I anticipate you may have further questions on the above. I'd be very grateful
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