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Intestate inheritance question

12 replies

PullTheBricksDown · 31/12/2024 22:38

If someone died without a will, and their child(ren) had already died but they had grandchildren living, and also siblings still alive, who would inherit? Grandchildren or siblings?

OP posts:
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nosalt · 01/01/2025 08:52

ARichtGoodDram · 31/12/2024 22:54

If in the UK the grandchildren (rules can be different in E&W to Scotland but in this they’d be the same outcome).

The grandchildren would inherit their parents share.

Edited

In fact, this is a situation where the rules in Scotland are potentially different to the rules in England and Wales.

In England and Wales the split between grandchildren would be as explained by SnowdaySewday. In Scotland, if there are no surviving children then the split between grandchildren would always be equally between the grandchildren.

PullTheBricksDown · 01/01/2025 01:17

Wow! Thanks everyone, really useful.

OP posts:
SnowdaySewday · 01/01/2025 00:10

The grandchildren would inherit their parent's share, shared between them, so the same as their siblings but not necessarily the same as their cousins. Siblings would only inherit if there were no remaining children or grandchildren.

If the grandparents had two children, A and B, without wills stating differently, they would have inherited 50% each on the death of the second parent. If A had 2 children and B had 4 children, and pre-deceased their parent, the children of A would share A's 50% between them, so 25% each, and B's children’s share the other 50%, so 12.5% each.

If the grandparents are still living and don’t feel this is fair, they need to write a will to represent what they would like to happen.

ARichtGoodDram · 31/12/2024 22:54

If in the UK the grandchildren (rules can be different in E&W to Scotland but in this they’d be the same outcome).

The grandchildren would inherit their parents share.

Soggydog · 31/12/2024 22:51

They get the share that their deceased psrent would have been entitled to.

PreferMyAnimals · 31/12/2024 22:51

Grandchildren I believe.

RedDeadReflection · 31/12/2024 22:51

Assuming England or Wales I think the rules state children and grandchildren inherit.

Bannedontherun · 31/12/2024 22:46

It only goes to siblings if there are no “issues” ie children and grandchildren.

Justcallmebebes · 31/12/2024 22:45

Grandchildren

SpringIscomingalso · 31/12/2024 22:41

Mark this one.

Cerialkiller · 31/12/2024 22:40

Grandchildren will inherit I believe.