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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 822
Experience:  Solicitor with over 15 years experience.
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A cousin has died intestate, and his next of kin are 5 first

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A cousin has died intestate, and his next of kin are 5 first cousins (3 on one side and 2 on the other). Is it the case that his estate has to be divided per stirpes rather than per capita?
Hello I am a solicitor with 20 years experience I will try to answer this for you.
Under the intestacy rules the parents of the cousins would get an equal amount and if they are deceased their children get the parents share, ie pre stirpes.
Customer: replied 2 years ago.

The answer is simply a definition of "per stirpes".

The question was whether it has to be this way.

(for example one side may have had no contact for years

with the cousin who has died).

The answer is that it has to be per stirpes. Contact or lack thereof is irrelevant.
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