Will not updated; partial intestacy?

toast89

Yes that's right; my uncle was childless and my dad is the only sibling still here. Their parents are no longer here. The others named in the 50% are my aunt's nieces and nephews, the children of two other aunts (sisters) who have passed away. I imagine at one point the Will was 25% each to my dad, uncle and two aunts. So the aunts who have passed away are no longer in the Will by name, but their children are named beneficiaries within the 50%.

getmore4less

So their are 2 other deceased sisters of the aunt?

toast89

getmore4less said:

So their are 2 other deceased sisters of the aunt?

Yes that’s right, they’re not named anywhere now but their children are named within the 50%.

getmore4less

theoretica said:

I believe for intestacy that if a sibling has died their share goes to any surviving children.  So in this case if I have the family tree right, the failed bequest would be divided three ways because there is one surviving brother (dad) and two sisters who have died but left descendents (your cousins) and your uncle who died without children.  Which is the same proportions as the remaining, non failed bequests.

how did you know there were 2 other sisters not mentioned in this thread until the post above?


for an intestate siblings distribution per stirpes rules apply

The intestate amount get shared between all siblings(living or dead)  any dead that have no kids their share lapse and get put back in the pool of those left. 

Looks to me you have a lapsed 25% named legacy going to intestate with 4 siblings 
one has no kids  then split 3 ways 1/3 dad then the 1/3 each deceased sister would have got goes to their kids
(you do not lump the kids together as a single pool its 2 pools with 1/3 each shared by that pool).

the effect is that below the residual clause there is a default intestate clause which is different to the residual clause which lumps all issue of the deceased siblings into a single pool.

toast89

Thanks so much. I find this all quite confusing so I appreciate the advice!

I had mentioned in my first post about my cousins being in the 50% but it was a bit of a rant (as they do absolutely nothing to help, it’s only me and my parents who take anything to do with my aunt) so I edited it out. I think it’s still on here though, as a PP had quoted my initial post before I removed this bit.

getmore4less

I see them now in the quoted post.
Not sure there is anything you can do here to change the distribution.

One thing to make sure is that the aunt is funding everything  from her assets  you don't want to be subsidising the estate.

If there are insufficient funds then  queaky clean records of any loans to fund anything (even a weekly shop).