Inheritance UK No Will Who Gets it>

[VickyH1]

Just asking for some help

Deceased Has No Parents or Grand Parents Alive and NO Children)

Only Relatives are 3 Uncles (1 Alive 2 Deceased)

All The 3 Uncles have living children

Does the entire inheritence go to the living uncle or is it split between the 3 as tho they were alive and trickle down to the living children of the uncles

Any advice appreciated

There are different rules on probate in Northern Ireland and Scotland. There's no such thing as UK law.

If you are not getting anywhere with Uncle and solicitor (who is acting in his interest) over probate you can lodge with the probate court quite inexpensively a "Caveat"
Stopping a probate application: Challenge someone else's probate application - GOV.UK (www.gov.uk)

This will make the court examine it for legality etc

That is England and Wales

Let us know how you get on OP - good luck

Yes, but that was generic info on intestacy. Now OP has checked the specific Probate records, as I suggested.

Uncle by marriage or uncle by blood? for inheritance a blood relationship is required.

I read it as Uncle Tom, Bob and John will each inherit 1/3 or the deceased's estate.

As Bob and John are also deceased, each of their 1/3 will pass to their own child / children. As they only had 1 child each, each child will get the 1/3 their father would've inherited. If one of the uncles had two children, each of those children would have received 1/6 of the original estate (i.e shared the 1/3 between the two them).

do you have access to legal advice through your home insurance. Or, if you work your company may have an EAP you can call for probate advice.

I m glad OP you found the information you were looking for!

@prh47bridge or anybody else who knows what can you do if somebody tries to hide their probate lawyers' details or doesn't tell them the full story? I have seen threads where there is a will left but relatives do not involve others and refuse to show the will.

@chocorabbit If probate is required, the will becomes a public document so anyone can see what it says. If the executor is not following the will (or the rules of intestacy if there is no will), any beneficiary who is disadvantaged can take legal action against the executor.

If probate is not needed and someone suspects that the executor is not following the will, or probate is needed but the executor is dragging their heels and not applying, legal advice is required. It may be possible to remove the executor and replace them with someone else.

Thanks @prh47bridge So basically there's no point challenging the executor because of the costly legal fees.

1/3 to each uncle. The dead uncles shares are divided between their own children - so if A has 3 DC and B has 1, then A’s DC should get 1/9 each, whereas B’s sole DC gets the whole of A’s 1/3 share.
Which seems unfair to me, but there it is.

The only way to challenge an executor who isn't doing the job properly (or at all) is through the courts. Whether it is worthwhile depends on the amount of money involved.

I would always suggest challenging, it's not as expensive as you think. This seems a relatively straightforward fraud on the uncles part, I'd be surprised if he didn't cave with a couple of good challenging lawyer letters. He clearly knows already he's pushing it with his comments. I'd consider it (around) £2K well spent.

Same in Scotland. Living uncle gets his portion, cousins get share of their late parents portion.

Not if it's written in a will

Unless

The people named are direct descendants of the deceased

Or

The will says explicitly that for other beneficiaries that their issue will receive instead if the person is dead (and the assumption of going to grandkids if kids already died can be rebutted if the Will says it does not apply)

Obviously in this case there is no will, do you follow intestaty rules.

Which are very different to the rules if a Will is written and a beneficiary does before the will writer.

@VickyH1 I’d just like to check my logic: was the deceased an only child?

On legal costs, if you have family legal cover with your house insurance, you may be covered for any costs.

Worth checking.