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  • FIRST POST
    • Tammykitty
    • By Tammykitty 12th Feb 18, 4:40 PM
    • 556Posts
    • 1,176Thanks
    Tammykitty
    Death of Great Aunt - rules if intestacy
    • #1
    • 12th Feb 18, 4:40 PM
    Death of Great Aunt - rules if intestacy 12th Feb 18 at 4:40 PM
    Hi everyone,


    My Dads aunt died recently and there is no estate as such, other than some cash in the care home - which I believe is the Personal expense allowance which has built up over the years she has been in the home.


    My Dad organized the funeral and related expenses such as a small amount for catering after the funeral service, and once this has been paid out of my Great Aunts money, there will be some left - but not much.


    My Dad's father was the only sibling of the deceased to marry and have children, and my great aunt was the last of that generation living.


    My Dad has 3 siblings, so am I correct, that the remaining money should simply be spilt between them (the nephews of the deceased)


    And just for clarity sake - one of the nephews predeceased my Great Aunt, so does there 1/4 share of the small amount of cash go to his wife or children?


    Finally, as the amount of money is under £10,000 am I correct that we don't need to apply for letters of Administration if the care home is happy to release the money to us and to divide up the money, is a letter to each recipient with a calculation of the amount enough?


    EDIT - forgot to add - we are in Northern Ireland


    Thanks
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Page 1
    • engineer amy
    • By engineer amy 12th Feb 18, 5:13 PM
    • 619 Posts
    • 1,124 Thanks
    engineer amy
    • #2
    • 12th Feb 18, 5:13 PM
    • #2
    • 12th Feb 18, 5:13 PM
    Hi Tammy


    Cant answer all your questions but here is some guidance, having very recently been through the process myself.


    NI only really differs in the amount of the estate (under £10k) and the fact that you have to attend a probate interview in person and cant do it online.


    You would be correct that the rules of intestacy state that the estate would pass to nieces and nephews if no surviving children, spouse, parents or siblings, but I am unsure of the split if one nephew is deceased.


    If her estate is purely the cash at the care home and is under £10k, you should be able to supply the death certificate and they will release it. its only if they refuse, that you may need to get probate/LOA. The good thing is that there would be no fee to pay if estate is under £10k.


    I found the Probate and IHT helpline to be very informative, and gave a lot of guidance and clarity. Given that the notes section for form IHT400 ran to 92 pages, my query turned out to have a very simple answer by phone. The number is 03001231072
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    • Linton
    • By Linton 12th Feb 18, 5:20 PM
    • 9,024 Posts
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    Linton
    • #3
    • 12th Feb 18, 5:20 PM
    • #3
    • 12th Feb 18, 5:20 PM
    https://www.gov.uk/inherits-someone-dies-without-will
    Basically the money goes down the blood line. Children - yes, spouses - no.

    https://www.nidirect.gov.uk/articles/what-do-if-there-no-will
    It seems you will be OK without probate/grant of administration.
    • TBagpuss
    • By TBagpuss 12th Feb 18, 7:46 PM
    • 6,256 Posts
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    TBagpuss
    • #4
    • 12th Feb 18, 7:46 PM
    • #4
    • 12th Feb 18, 7:46 PM
    I believe that if one nephew has died, his share will go to his children, not to his wife.
    • YoungBlueEyes
    • By YoungBlueEyes 12th Feb 18, 11:20 PM
    • 54 Posts
    • 65 Thanks
    YoungBlueEyes
    • #5
    • 12th Feb 18, 11:20 PM
    • #5
    • 12th Feb 18, 11:20 PM
    Yep the nephew's children will inherit the 1/4 share.
    A lot of years ago my maternal grandfather died. My sister and I inherited our mother's share as she predeceased him. If I remember rightly we just got a cheque and a letter through the post one day from his solicitor.
    We're all Northern Irish although we live in England now.
    Hope this helps a wee bit
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