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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10170
Experience:  Barrister 17 years experience
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My aunt died intestate and has no surviving siblings and no

Customer Question

My aunt died intestate and has no surviving siblings and no children. She has a nephew and two nieces who I believe are entitled to share her estate but the wife of her late brother (sister in law) is claiming she is entitled to the estate. Is this accurate?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. There are two rules applicable here. The first one is that a person must be alive at the date of death of a testator in order to be able to share in that person's estate. Here, because the brother of the aunt has died, he has not share in the aunt's estate. Nor does his wife have any share based on her being married to the aunt's brother. Any claim by the brother or his estate, died with him. Secondly, where a person has no spouse and no children, then those next in degree share equally in the estate, upon an intestacy. Here, each of the nieces and nephews share equally in the estate. So, the estate is split three ways. The wife of the late brother gets nothing. These are the rules in Ireland.

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