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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7673
Experience:  UK solicitor
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Uncle has died without a will, who is entitled to his estate?

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Uncle has died without a will, who is entitled to his estate? His parents are deceased and he has 4 brothers and sisters, one is deceased.
Thanks for your question.
Was he married at the date of his death?
Did he have any children?
Kind regards.
Customer: replied 3 years ago.

No, never married. Lived on his own

Did his deceased brother have any children?
I will be able to answer after you reply.
Customer: replied 3 years ago.

No, no children.

Thank you for your question and patience, I’m Tom and I’ll try to help you.
If your uncle has died without a Will then his estate would pass under the Intestacy Rules.
If a person is unmarried (including not having a civil partner), does not have any children, does not have any parents then the estate would pass to his brothers/sisters providing that they are of whole blood (ie. not half-brothers/sisters). If any of the brothers or the sisters died but themselves left children then the relevant brother’s/sister’s share would pass to that brother’s/sister/s children.
So, in these circumstances the estate would pass to the deceased’s three living brothers and sisters providing that they are not half brothers or sisters.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Customer: replied 3 years ago.

Thank you for your answer. Can you just clarify that my Uncle had 4 brothers/sisters - one of whom has passed (my Father). Are you saying that the estate would pass only to the living brothers/sisters or would my late Father (therefore me as his only child) be entitled as well?

If your father was the brother of your deceased uncle then you (and any other brothers/sisters) you would inherit your father's share of the estate.
I asked you if your uncle's deceased brother had any children. You said no (ie which is incorrect, because you yourself are your uncle's deceased brother's child).
If your uncle had 4 brothers/sisters then the estate will be split in to four. Three of the parts will go to your uncle's brothers/sisters that are still alive. The remaining one part will go to you or to you andyour brothers/sisters in equal shares (if you have any).
Kind regards.
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