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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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An Aunt(spinster) died leaving everything to her neice. Sadly

Resolved Question:

An Aunt(spinster) died leaving everything to her neice. Sadly the neice had passed away 2 weeks previously.
The neice is survived by her husband and 3 children---what happens to the Aunt's estate. {Scotland)
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The estate will be settled in accordance with the law of intestacy. Who is the next surviving relative?
Customer: replied 3 years ago.

The niece had no will. She was the next surviving relative so does that mean her husband will get one third and the 3 children will get one third shared between them? This seems rather harsh as he was only related through marriage and he took nothing at all to do with the Aunt

Expert:  JGM replied 3 years ago.
The the niece's estate doesn't inherit as she died first. Who is the next surviving relative to the aunt?
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