Beneficiaries?

dbrookf

My friend’s brother died without a will. He was not married nor had any children.  He had some money in the bank. He has 7 siblings, 2 of whom have died. The 2 deceased siblings have 2 children each. Are they entitled to their deceased parents’ share or does it just get shared among the 5 living siblings? Thank you.

p00hsticks

Are either of their parents living ? 
If so, and assuming they were living in England or Wales, then the parents inherit under the laws of intestacy.
If there no surviving parents, then the estate is shared between thie siblings, with any children of deceased siblings inheriting what would have been their parents share. 

Marcon

dbrookf said:

My friend’s brother died without a will. He was not married nor had any children.  He had some money in the bank. He has 7 siblings, 2 of whom have died. The 2 deceased siblings have 2 children each. Are they entitled to their deceased parents’ share or does it just get shared among the 5 living siblings? Thank you.

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

It's worth working through it (not difficult), because there are certain exceptions (eg step or half brothers/sisters).

dbrookf

p00hsticks said:

Are either of their parents living ? 
If so, and assuming they were living in England or Wales, then the parents inherit under the laws of intestacy.
If there no surviving parents, then the estate is shared between thie siblings, with any children of deceased siblings inheriting what would have been their parents share. 

No parents.

Keep_pedalling

The surviving siblings get 1/6th of the estate each, the children of the deceased siblings get 1/12th each. 

JGB1955

Keep_pedalling said:

The surviving siblings get 1/6th of the estate each, the children of the deceased siblings get 1/12th each. 

The 5 surviving siblings each get 1/7th, the children of the two pre-deceased siblings get 1/14th each

Keep_pedalling

JGB1955 said:

Keep_pedalling said:

The surviving siblings get 1/6th of the estate each, the children of the deceased siblings get 1/12th each. 

The 5 surviving siblings each get 1/7th, the children of the two pre-deceased siblings get 1/14th each

Doh! I really should not spread read posts 😵‍💫

madbadrob

Oh goody one in my realm lol

You state the deceasded died intestate.  He has no wife or children to leave money to and in a later response you say the parents have both died as well.  This estate then passes to his 7 siblings of which 2 have died.  If those 2 died before your friends brother then no their children do not inherit anything uinfortunately it goes to the 5 remaining children in 20 per cent shares.  Only if the two who have passed died after the friends brother would it fall to the living nieces and nephews.  

If the 5 living siblings wanted to share it with the nieces and nephews they could do this and I would advice a deed of variation be used 

madbadrob

JGB1955 said:

Keep_pedalling said:

The surviving siblings get 1/6th of the estate each, the children of the deceased siblings get 1/12th each. 

The 5 surviving siblings each get 1/7th, the children of the two pre-deceased siblings get 1/14th each

No they dont.  The 2 who have died assuming they have died before the intestate get nothing.  Intestacy rules are very clear on this and the order of entitlement is clear.

Upon the death of an intestate the first people to inherit is a living spouse.  If there is no living spouse it goes to any living children.  If no living children it then goes to any living parents.  If no living parents then it falls to all living siblings of the full blood.  If no living siblings of the full blood then it falls to siblings of the half blood if no half blood siblings to living grand parents and if no living grand parents it falls to aunts and uncles.  If the intestate died intestate in England and Wales this is as far as it goes and if none of those are available the monies go to the crown under bona vacantia.   In Scotland there is another group of entitlement and that is the first cousins ie children of the aunt and uncles.  

Now to complicate this and where you have probably got mistaken is if at the time of the death of the intestate and for a period of 28 days after anyu of the entitled people in order of entitlement are still alive, so for example one of the siblings who would have been entitled on the death was to survive for 28 days then die then his share would go to his estate and be paid out as per the will of his or under intestate rules if no will

Rob
Edited to include half blood siblings which can also be added to half blood aunt and uncles as well but I didnt want to complicate this beyond what the OP asked

madbadrob

Keep_pedalling said:

The surviving siblings get 1/6th of the estate each, the children of the deceased siblings get 1/12th each. 

KP see my 2 previous posts as youre giving incorrect adbvice buddy

madbadrob

Marcon said:

dbrookf said:

My friend’s brother died without a will. He was not married nor had any children.  He had some money in the bank. He has 7 siblings, 2 of whom have died. The 2 deceased siblings have 2 children each. Are they entitled to their deceased parents’ share or does it just get shared among the 5 living siblings? Thank you.

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

It's worth working through it (not difficult), because there are certain exceptions (eg step or half brothers/sisters).

Marcon step siblings get nothing alas

Rob