Am I entitled to my Uncles estate as my Father has died

rainman33

Hi all,

My Uncle (with no Children/spouse) has recently passed away, and I want to know if I am entitled to a share in his estate. As normally my Dad would be entitled, but he has also died.

However my uncles estate is part of an unsettled will from my Dads/uncles mother (my Nan).

My Dad was first to die, then my Nan changed her will to only include the remaining children (cutting me out of it all). So my uncle who has just died should be eligible for this, however since he has died before the estate is settled, is he still eligible for it, and in turn am I eligible for a share in my uncles estate as he has not left a will.

The remaining brother and sisters are not using a solicitor so this would not be picked up.

Advice needed.

Thanks,
Rainman33

mountainofdebt

Your uncle (or his estate) would still 'receive' the inheritance that was due to it from your nan's estate.

However, the rules of intestacy come into play with regards the distribuiton of your uncle's estate and from this flowchart it looks like you will receive something :http://www.hmcourts-service.gov.uk/docs/infoabout/civil/probate/Probate_WhoSurvivedTheDeceased.pdf

Chinkle

The OP hasn't said whether the uncle had a will. Maybe he's left everything to the local dogs home.

mountainofdebt

rainman33 wrote: »

and in turn am I eligible for a share in my uncles estate as he has not left a will.

Oh yes he did......or didn't as the case might be,lol!

NAR

Nan's will would need checking to see if there are any exclusions regarding the uncle being "surviving" at time of Nan's death. If no such exclusions, then your uncle's estate would receive share from Nan's estate. You and all other nephews and nieces are entitled to share of uncle's estate.

rainman33

Thanks NAR and mountainofdebt. I am going to check with my auntie, about my Nan's will.

However, with there being a bit of tension between my side of the family and them, is there something legal I can do, to ensure that this is followed through.

Thanks

mountainofdebt

I read it that the order of deaths were 1) OP's father 2) Nan 3) Uncle.

As for the question as to how you make sure you get what you are entitled to it depends on how much you want to rock the boat....yes you can go down the legal route and perhaps get a solicitor to enquire on your behalf but this, for me would be the absolute last resort and only if I thought that something dodgy was going to happen

rainman33

Well I think something dodgy is going to happen. So I might go down the legal route, would citizens advice be able to help?

viktory

Urgh, this is all so tasteless.

I am so going to make sure that I write a bullet proof will.

NAR

rainman33 wrote: »

Well I think something dodgy is going to happen. So I might go down the legal route, would citizens advice be able to help?

Certainly go to CAB for confirmation and advice how to proceed. Check with aunt re wording of will - borrow it and bring with you to CAB would be even better.
Present facts to remaining brother and sisters and tell them you will employ solicitor if they do not give you Dad's share.
If this fails then employ solicitor, costly but will achieve fairness.

myrnahaz

I'd certainly speak to CAB or similar. There was a similar situation on the TV programme 'Heir Hunters'; someone had died intestate and they had neither child nor spouse, but it turned out that it wasn't just tell the surviving siblings who were eligible to inherit but the children of the dead siblings as well.