Who inherits?

[budgiegirl]

My friend’s aunt was unmarried and chilldless, and it was always her intention that her nephews and nieces would inherit her estate.

However the aunt died interstate, and now imy friend is now unsure on the rules of inheritance.

There were three siblings originally, the aunt (A) and her sisters (B&C).

A had no children, B had children 1,2&3., C had children 4,5 &6. My friend is child 4, C died (friends mum) some years ago.

It was A’s intention that 1,2,3,4,5 and 6 would inherit equally. But A died intestate.

Who inherits under these circumstances?
My friend’s sister thinks the estate would be divided equally between B (surviving sister of A) and 4,5,6 (children of C deceased sister of A) Friend’s sister thinks it all goes to B as the sole surviving sibling of A, with nothing going to Cs children.

Can anyone give any advice as to how the estate would be split?

I think it's 50% to surviving sister and other 50% split between children of previously deceased sister

I think its just B

Useful tool here

I agree it goes to B.

Half to B and half split between C's children.

Half to B and half split between children 4,5 and 6

If this is in England or Wales, B gets half and C's children split the other half. The rules are different in Scotland and NI, though.

I had a similar experience with a great aunt. My mum was her niece and she had 2 brothers. the estate was divided into 3. The brother's both got a third each and as my mum had already died, her third was divided between her children (me and my brothers)

The answer from that Gov.co.uk site linked by WhenDoISleep is:

^The estate is shared equally between the brothers or sisters.
If a brother or sister has already died, their children (nieces and nephews of the deceased) inherit in their place.^

So half the estate goes to B and the other half is divided between children 4, 5 and 6.

I should make clear that 'the brothers' were my mother's brothers.

I assume the aunt's parents are no longer alive. If not would appear to be 50% to B and 50% to be split between 4,5,6

The answer is the same for Scotland and N Ireland as far as I can see.

All to B as she would be next of kin

Those of you saying all to B, what is your legal basis for saying this? It doesn't seem to match the Government rules on intestacy.

I wish people wouldn’t post incorrect advice on the legal section. Why say that Woogle it’s plain wrong. Whhendoisleeps link is very helpful.

This happened to my FIL. He had a brother who died. His brother had a son. The inheritance from their parents was split between my FIL and his brother's son.

Half each to siblings B and C. B is living so keeps her half. C is dead so C’s children split her half.

People saying that only B inherits are wrong. The fact that C is dead doesn’t mean she forfeits her share. It goes to her beneficiaries.

Assuming that C doesn’t have a husband still living! As then he would be C’s beneficiary and her children would get nothing.

My great aunt had no children. When she does all her siblings had already died.
My dad was one of 6 nieces and nephews and her estate was split between them. However, my dad had also decided Ed so my siblings and I got his share between us.

So, in your case B gets half and C’s children share C’s half.

My dad had died not decided Ed!!??

My mum survived both dad and Gt Aunt and did not get my dad’s share. It came to us kids (adults).

DH has just gone through almost exactly the same situation. It is split equally between direct (not half) siblings, alive and dead. The percentage due to go to the deceased sibling would be split between their inheritors.

Thank you, that’s very helpful, the link definitely makes it clear. I’ll let my friend know

Assuming that C doesn’t have a husband still living! As then he would be C’s beneficiary and her children would get nothing.

Yet more incorrect advice. As C predeceased A, then C's husband is irrelevant. Only if C outlived A would C's husband have any claim to the money when C died.

Another thing to remember (not relevant to your friend directly, but to her cousins) - B does not have to pass the inheritance on to children 1-3. Legally, the money is B's to do with exactly as she wishes. Morally she should honour A's wishes but there again A should have made a will if she wanted specifically to leave the money directly to the children.

This thread reminds me that I need to make a will.