Rules of intestacy

Wickers_2

Hello,

My uncle recently passed away (no will)). He was not married and had no children or living parents. He has one living sibling, my mum.

My uncle also had two other brothers who passed away before him. One of his brothers had two children (A) (alive) and the other had one child (B) (alive).

According to Gov.uk;

1.“The estate is shared equally between the brothers or sisters”

2.“If a brother or sister has already died then their children (nieces and nephews of the deceased) inherit their place”.

It is a bit unclear as to whether the whole estate will pass to my mum (stop at line 1. above if there are any siblings still alive) or whether it will be distributed as 1/3 to my mum, 1/3 to the two nephews (A) and a 1/3 to the other nephew (B)?

Any help on clarifying this will be appreciated.

Thanks

Yorkshireman99

The latter 1/3rd each. Someone has to apply for letters of administration and get probate.

Wickers_2

Thanks Yorkshireman99. Thought it might be the latter. My mum has already applied for Letters of Administration.

unforeseen

Surely it will be 50% to mum, and the other 50% split between the nephews.

The children share the deceased​ brother's share

p00hsticks

unforeseen wrote: »

Surely it will be 50% to mum, and the other 50% split between the nephews.

The children share the deceased​ brother's share

There Are TWO deceased brothers, each with children still living

Wickers wrote: »

Hello,
He has one living sibling, my mum.

My uncle also had two other brothers who passed away before him. One of his brothers had two children (A) (alive) and the other had one child (B) (alive).

Brighty

p00hsticks wrote: »

There Are TWO deceased brothers, each with children still living

I misread it too on first read, thinking there was only 1 brother with children, but you are correct
1/3 to mum
1/3 to only child of brother B
1/6 each to the 2 children of brother A

unforeseen

I got it wrong as well. Agree with the one third each

Wickers_2

Thanks all for the replies. Looks like my mum gets a third then, and hopefully myself and my brother

PasturesNew

As the others have said, your mum gets 1/3rd.

The two brothers get 1/3rd each too.

As each of these two brothers have died, their 1/3rd goes to their children, so:
(A) the two children will share their father's 1/3rd (getting 1/6th each)
(B) the other child will get his father's full 1/3rd as he's an only child.

Nobody has "lost out" in what they will get -v- what they would have got if their parent hadn't died.

The mothers of the 2+1 children don't get the money because they are not "blood related", which is why it goes to the children of the brothers.

dresdendave

Wickers wrote: »

Thanks all for the replies. Looks like my mum gets a third then, and hopefully myself and my brother

Why is anything due to you and your brother?

Keep_pedalling

dresdendave wrote: »

Why is anything due to you and your brother?

I think Wickers hopes she does not blow it all before she dies.