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Another inheritance question...

(6 Posts)
TheAssassinsGuild Thu 04-Jun-15 23:20:21

Sorry....

My mother's cousin recently died and it appears that he died intestate. He was unmarried and had no children. No siblings. Parents both dead. Aunts and uncles both dead.

He had 4 first cousins, 2 are alive and 2 are dead. One of the dead cousins had no children. The other dead cousin was my mother.

We have had a look at the rules of intestacy and it seems that any inheritance will go to cousins. As my mother is dead, so our question is, do I inherit her share? So, is the estate split 3 ways between Cousin A, Cousin B and me (child of Cousin C)? Or, if I am not entitled to inherit, is the estate split 2 ways between Cousin A and Cousin B?

Thank you!

LotusLight Fri 05-Jun-15 16:09:58

I am pretty sure it would just go to the surviving cousins I'm afraid. Split 2 ways. The 1925 seems to have that effect and the 2014 Act did not change that bit. That also tallies with the Government intestacy calculator and advice on other websites like cornerstonewills.co.uk/laws-of-intestacy

TheAssassinsGuild Fri 05-Jun-15 17:17:32

Thanks for that. I clicked on the link and there is an attachment flow chart re intestacy, which includes a crucial footnote:

Members of younger generations are also entitled to inherit their parent’s share if the parent has already died (per stirpes). So I think I do??

LotusLight Fri 05-Jun-15 17:35:41

I think not but might be wrong.
What I looked at were the real law but that was hard even for me a lawyer to follow. i don't do succession/probate.

Have a look - The 1925 Act sets out the rules in s

www.legislation.gov.uk/ukpga/Geo5/15-16/23/section/46

If the intestate leaves no [F8husband or wife and no issue and no] parent, then . . . F9, the residuary estate of the intestate shall be held in trust for the following persons living at the death of the intestate, and in the following order and manner, namely:—

First, on the statutory trusts for the brothers and sisters of the whole blood of the intestate; but if no person takes an absolutely vested interest under such trusts, then

Secondly, on the statutory trusts for the brothers and sisters of the half blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then

Thirdly, for the grandparents of the intestate and, if more than one survive the intestate, in equal shares; but if there is no member of this class; then

Fourthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate); but if no person takes an absolutely vested interest under such trusts; then

Fifthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the half blood of a parent of the intestate); . . "

In all that lot above I could not work out where the cousins come in. They are issue/children of aunts and uncles.

The new Act 2014 www.legislation.gov.uk/ukpga/2014/16/contents just seems to have changed amounts so tinkered yet again with the 1925 Act which has been changed so often it's hard to follow.

You need a lawyer who practises in this field.

Actually this link says if no cousins then their children of cousins take over

www.inheritancedisputes.co.uk/intestacy-rules-who-gets-what-under-rules-intestacy.html

We ned to find something in the 1925 act which says if a cousin's child can inherit even if there are other cousins still around. My mother had 52 first cousins.

LotusLight Fri 05-Jun-15 17:38:26

Actually it looks like you are right - this link says if the cousin is dead their share is divided between the cousin's children:

If there is no spouse or civil partner surviving, the estate passes to the Intestate’s issue per stirpes (i.e. in equal shares, and if one has predeceased, their share will be divided equally between their children, and so on). If there is no issue, the parents benefit. If there are no surviving heirs in these classes of kin, the estate passes to the first of the following classes of kin which contains someone alive (or who survived the Intestate):

• "Siblings of the whole blood or their issue per stirpes
• Siblings of the half blood or their issue per stirpes
• Grandparents per capita
• Uncles and aunts of the whole blood or their issue per stirpes
• Uncles and aunts of the half blood or their issue per stirpes"
www.titleresearch.com/Resources/Articles/The-Rules-of-Intestacy-explained

TheAssassinsGuild Fri 05-Jun-15 18:27:00

Thank you! Helpful!

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