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JGM, Solicitor
Category: Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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Father(widower) dies intestate. Survived by two married

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Father(widower) dies intestate. Survived by two married daughters. One daughter and her husband subsequently killed in car crash but survived by 2 adult children. The other daughter and her husband continue to live many years (childless)before daughter predeceases her husband. The husband has now died but is survived by his brother and nephew. The estate of the original deceased being administered by a solicitor and still after 40 years is still work in progress( for reasons unknown) Who should inherit the estate?

The two daughters were alive when their father died. One daughter’s children take the mother’s share. The other daughter’s husband took her share but died so through his estate it passes to his brother. If the nephew is the brothers son he gets nothing. If the nephew is the son of a deceased sibling the nephew gets half by way of representation. This assumes that the deceased daughter and her husband left no wills. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 7 months ago.
Is it acceptable that the original estate has been work in progress for more than 40 years and has the nephew( not directly related to the original deceased) the right to challenge the solicitor in charge of the original estate?

You would have to find out what the problem is. The only acceptable reason for an estate to last that long would be that there is an ongoing trust as regards ***** ***** If this is a case of a failure on the part of the lawyers then it is a substantial failure. A challenge should be made by someone with an interest in the estate.