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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34582
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My question concerns the rules of intestacy in England and

Resolved Question:

My question concerns the rules of intestacy in England and Wales. An elderly lady has died leaving no will. She was a widow and never had children. The nearest surviving blood relatives are nephews and nieces of which there were four but one of her nephews predeceased her. He had a wife and two surviving children both of whom are over the age of 18. My question is does the entitlement to 25% of the estate that the nephew would have received were he still alive pass in equal shares to his two children or does any entitlement end with his death and the estate split 3 ways between the surviving nephew and nieces.
Submitted: 22 days ago.
Category: Law
Expert:  Clare replied 22 days ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

The share die to the deceased nephew passes on in equal shares to his children.

Just for clarity - the share is only 25% if

a. All the nephews and nieces shared the same parent

or

b. They all had different parents

or

c. They are in fact two sets of two children

I hope that this is of assistance - please ask if you need further details

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