Intestate Beneficiary

CocosMum_3

If a relative if mine died intestate, no husband, no children, I have been told that the Beneficiary would go to the first cousin.  Is that the eldest first cousin (if there is only one) or if there are 3 first cousins, they all share being beneficiary?

pjs493

If you google rules of intestacy there is a gov.uk link that runs through a number of questions to ascertain who the beneficiary could be. If there is no spouse or children, the next options would be if there are any living grandchildren, then parents, then siblings, then nieces or nephews, then half siblings, then half nieces or nephews, then grandparents, then aunts or uncles, then cousins. 

So there would have to be no surviving spouse, children, grandchildren, parents, siblings, nieces, nephews, half siblings, half nieces or half nephews, grandparents, aunts or uncles, for cousins to inherit. 

You are right that if it does get to the stage of more than one cousin, the estate would be divided equally. Conversely in simpler terms, if a widow or divorcee dies leaving two or more children and has no will, the children inherit equal shares of the estate. Primogeniture, ie the eldest living child (or cousin in your example) inheriting everything, is a thing of the past; it was abolished in English and Welsh law in 1925. Likewise, male heirs do not have precedence over female heirs except when it comes to inheriting aristocratic titles.

CocosMum_3

I did actually do this.  If they had no children, then the likelihood is they wont have grandchildren, unless Im understanding that wrong. ?

Flugelhorn

I think the 3 first cousins would equally inherit if they are siblings ie children of one aunt or uncle of the deceased. However say they are split and one child is the only child of an aunt or uncle and the other 2 are both the child of another aunt or uncle. Then the single child would get 50% ie their parents whole share and the siblings would get 25% each as they would share their parents share

CocosMum_3

Thank you - I can understand now...  I think. x

Brie

CocosMum_3 said:

I did actually do this.  If they had no children, then the likelihood is they wont have grandchildren, unless Im understanding that wrong. ?

Someone might have children who themselves have children before they die.  Thus the estate would pass from the first person to their grandchildren.  Different circumstances if someone has a step child though, I don't think that factors in at all so neither do the step child's children.

pjs493

CocosMum_3 said:

I did actually do this.  If they had no children, then the likelihood is they wont have grandchildren, unless Im understanding that wrong. ?

Assuming that they never had children at all. They may have had children who predeceased them leaving grandchildren.

Marcon

Here's the link: https://www.gov.uk/inherits-someone-dies-without-will

Work through it and you should have your answer - it's not possible for people here to 'go through it' on your behalf because there isn't enough info in your posts.