wills

kate123

Hi I dont even know if I am posting in the right place. My uncle died 3 months ago and I have letter of administration. He left all his estate to my aunt who died three years ago, my farther my uncles brother died 6 months ago. The only family that is left is myself my two sisters my two cousins my aunts sons. Who does the estate go to any advice would be appreciated Thanks

Wannabefree1

As the estate passed to your Aunt my understanding is that it will now pass to her biological children.

theoretica

As your aunt predeceased your uncle, unless there were other provisions in his will, I think this applies:

http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm12084.htm

So if all the will said was I leave everything to my wife it is as if he left no will - there is some formula for intestate deaths, which I think will result in your uncle's nieces and nephews, unless your uncle had formally adopted your aunt's son. http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802

theoretica

You may also need to get a copy of your aunt's will. She may, for instance, have left property to your uncle for his lifetime to go to her son after his death...

Mojisola

Wannabefree1 wrote: »

As the estate passed to your Aunt my understanding is that it will now pass to her biological children.

The estate didn't pass to the Aunt because she died before the Uncle.

If the will didn't make provision for this possibility, the intestacy rules will apply.

Wannabefree1

Mojisola wrote: »

The estate didn't pass to the Aunt because she died before the Uncle.

If the will didn't make provision for this possibility, the intestacy rules will apply.

Sorry - I misread the 3 years!

Mojisola

It was a poorly written will if this eventually wasn't allowed for.

pauletruth

if the son of your aunty was never adopted by your uncle the estate would go. first to any brothers and sisters and parents. as these are all dead then the money would go to the children of your uncles brothers and sisters. so you and your sister get the cash. the son of your aunt gets nothing as he is not a blood relative/adopted. however if he was adopted then he gets everything and you and your sister get nothing. it would be very wise to get a solictor to review this case.

poppasmurf_bewdley

See a solicitor. You have no other course of action. If you get it wrong, you could be sued.

Tuesday_Tenor

>>>> My uncle died 3 months ago and I have letter of administration. He left all his estate to my aunt ...

There's something that doesn't tie up here. Or it may be that I've mis-understood a complex situation.

I'm only familiar with 'Letters of administration' being granted because there is no will. However you refer to Uncle leaving his estate to his (deceased) wife, so presumably there is a will?

Is this a situation where Letter of administration was granted because there is a will but all the original Executirs are deceased?

Mojisola

Tuesday_Tenor wrote: »

>>>> My uncle died 3 months ago and I have letter of administration. He left all his estate to my aunt ...

There's something that doesn't tie up here. Or it may be that I've mis-understood a complex situation.

I'm only familiar with 'Letters of administration' being granted because there is no will. However you refer to Uncle leaving his estate to his (deceased) wife, so presumably there is a will?

Is this a situation where Letter of administration was granted because there is a will but all the original Executirs are deceased?

I've been wondering about the same thing. I thought maybe the OP had mixed up some of the terminology.