# Nephews & Nieces inheritance

Forumite Posts: 2
Newbie
A member of the family recently passed away. No will was left.

Her two closest relatives were her brothers. But, both of them passed away a few months before her.

So the inheritance will go to the brothers children.

My question is do all the Nephews & Nieces get an equal share?

One brother had 1 child and the other brother had 3 children.

Thanks
Freya x

• Forumite Posts: 23,621
Forumite
edited 30 June at 4:37PM
What part of UK did the family member who has passed away live in ? Just in case it makes a difference to the answers.

If I've understood this correctly putting the deceased lived in England then the answer is No. If the deceased had 2 brothers, then each brother would have 50% of the estate, as each brother has already passed then the child/ren receives their parents share

so Brother with 1 child = 50%

brother with 3 children = 50% shared between 3 of them (Im not the best at maths but roughly a bit under 17% each I think)

https://www.gov.uk/inherits-someone-dies-without-will

• Forumite Posts: 16,628
Forumite
The money goes down the descendent family tree.

In the case you describe the money is split equally between all her siblings.  If a sibling has died the money that should have gone to the dead sibling  is split equally amongst their children. If a sibling has died with no living descendents then the money goes equally to the other siblings.

The same process is followed down the generations.

So the answer to your question is that unless the family trees are of identical size and structure all the nephews and nieces do not get an equal share.  Each gets the appropriate share of what their parent would have inherited.

• Forumite Posts: 10
Forumite
edited 30 June at 4:43PM

In England

If you die intestate leaving no surviving spouse or civil partner, your estate will be distributed in a strict order, which is:

• If you have children, they will inherit all of your estate in equal shares. If a child has already died, his or her children will inherit their share of the estate.
• If there are no children, your surviving parents will inherit your estate in equal shares.
• If there are none of the above, your brothers and sisters will inherit in equal shares. If a brother or sister has already died, their children (your nieces and nephews) will inherit their share of the estate.
• If there are none of the above, your half-brothers and half-sisters will inherit your estate. If a half-brother or half-sister has died, their children will inherit their share of the estate.
So according to the above each brother would have received 50% of the estate, their children inherit their parents share - so one child will get 50%, the other 3 will share their dad’s 50% between them ie 16.67% each
• Forumite Posts: 2
Newbie
Thanks for your help guys. x
• Forumite Posts: 8,817
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Spendless said:
What part of UK did the family member who has passed away live in ? Just in case it makes a difference to the answers.

If I've understood this correctly putting the deceased lived in England then the answer is No. If the deceased had 2 brothers, then each brother would have 50% of the estate, as each brother has already passed then the child/ren receives their parents share

so Brother with 1 child = 50%

brother with 3 children = 50% shared between 3 of them (Im not the best at maths but roughly a bit under 17% each I think)

https://www.gov.uk/inherits-someone-dies-without-will

The relevant bit from the link above (as it relates to the facts in OP's question):

## The estate is shared equally between the brothers or sisters (not including any step-brothers, step-sisters, half-brothers or half-sisters).

If a brother or sister died before the deceased, their children (nieces and nephews of the deceased) will inherit in their place.

If any of these nieces or nephews died before the deceased, their children will inherit in their place and they are entitled to apply for probate.

If any brothers, sisters or their descendants died after the deceased, their share will become part of their own estate.

Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!

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