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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10491
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My uncle (unmarried,no kids) passed away with no will. My aunt

Customer Question

My uncle (unmarried,no kids) passed away with no will. My aunt became executor. He had 6 siblings. 1 has already passed way (my mother). The estate just got settled and was told the estate has been divided up equally between the nieces and nephews rather than the siblings. Without consultation with all the siblings
The estate had been divided like this. 4 siblings have 2 kids each,1 with 1 kid and myself the son of the deceased sister
It raises the q, had the estate been executed according to law or to the benefit of 4 of the siblings?
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.

The Estate has not been distributed as it should have been. The correct way was to divide the Estate into 6- so that each surviving sibling receive a one sixth share, and the respective one sixth share of any siblings who had died before your Uncle goes to the sibling's child or children in equal shares between.

So, for example- your sister's one sixth share should have passed to you.

-If any siblings have dies before your Uncle, leaving 2 kids, each of these kids should have received a one twelfth share.

I hope this assists and sets out the legal position.

Kind Regards

Al