Inheritance without a will

[Mercutio]

Might be a fairly easy one if anyone in the field can give it a quick eyeballing.

Have an uncle who passed away.
No partner
No children
No (living) parents

4 siblings, 2 brothers, 2 sisters. 1 of each have also passed away.

As far as the rules of intestacy go I get this statement from the government page to help about it (https://www.gov.uk/inherits-someone-dies-without-will )

"The estate is shared equally between the brothers or sisters.

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


Now, is that second line assuming that all siblings have also passed away?

If there are living siblings and dead siblings, do all still get an equal share?

My dad would be one of the deceased siblings but I'm unsure if his estate inherits a share of his deceased brothers estate or if it gets split between the living siblings. I suspect the later (living usually having precedence over dead in the case of carving up someones estate without a will in place or where there is ambiguity in how the will was worded).

I'm getting nudged to take on the role of getting it all sorted but I suspect I may be reliant on the goodwill of an aunt and uncle to see any of it and the tax implications of them passing anything on.

 

[Pixel]

RIP to your uncle.

 

[Destination]

If the deceased brother and sister have children, they will share one sixth each, with the remaining living four siblings sharing one sixth each. So six shares, split between four living siblings and two clusters of children. The number of children in each cluster will determine how split their one sixth share bcomes.

This will require a solicitor, and everyone who has a share will need to sign an agreement form. It is possible that each living sibling wishes to give the money directly to their own children, and the solicitor can arrange this, avoids double potential inheritance laws, in which case they decide the splits themselves and their sixth gets distributed as they wish.

It won't be split in fourths, unless each of the potential clusters contains no children.

Tldr: you get your dad's sixth.

 

[MissChief]

Sadly, as is often the case, someone will want more, or to try and cut someone or some part of the family out. I hope this isn't the case but money brings out the worst in people. My condolences to you and your family.

 

[Mercutio]

If the deceased brother and sister have children, they will share one sixth each, with the remaining living four siblings sharing one sixth each. So six shares, split between four living siblings and two clusters of children. The number of children in each cluster will determine how split their one sixth share bcomes.

This will require a solicitor, and everyone who has a share will need to sign an agreement form. It is possible that each living sibling wishes to give the money directly to their own children, and the solicitor can arrange this, avoids double potential inheritance laws, in which case they decide the splits themselves and their sixth gets distributed as they wish.

It won't be split in fourths, unless each of the potential clusters contains no children.

Tldr: you get your dad's sixth.

I... perhaps made it confusing.

There's 4 siblings, 2 living, 2 also deceased (including dad).

One of his sisters also has a child.

Where does 6 shares come from? Is it a share to each sibling OR their estate?
There's a total of 4 siblings, 2 of them had children (me being 1).



And cheers all on the condolences. He had a pretty good run, self medicated his way out a brain tumour 20+ years ago, this one (cancer of the larynx) he wasn't able to fix quickly enough (though he had a plan and was tackling it). Was a bit of a ledge (legend). A living advert for the healing properties of a certain 'erb.

 

[kefkef]

it will be split in 1/4 shares, but the 1/4 for the deceased siblings gets shared between their children in an equal amount.

If they have no children to inherit their share, then the money goes back in the pot and gets divided by 1/3rds.

 

[booyaka]

I... perhaps made it confusing.

There's 4 siblings, 2 living, 2 also deceased (including dad).

One of his sisters also has a child.

Where does 6 shares come from? Is it a share to each sibling OR their estate?
There's a total of 4 siblings, 2 of them had children (me being 1).



And cheers all on the condolences. He had a pretty good run, self medicated his way out a brain tumour 20+ years ago, this one (cancer of the larynx) he wasn't able to fix quickly enough (though he had a plan and was tackling it). Was a bit of a ledge (legend). A living advert for the healing properties of a certain 'erb.

Is the sister who has the child dead or alive??

So in effect - both the sister and the brother, and assuming the children (you) and another are from the deceased brother/sister - you would each share 1/4 of the estate.

If one of the siblings is from one of the remaining alive brother or sister, then the sibling would be ignored and it would be split - brother/sister and sibling of the deceased (you) (i.e 1/3 split)

Make sense?? At least that's my understanding of it.

 

[Amleto]

"The estate is shared equally between the brothers or sisters.

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


Now, is that second line assuming that all siblings have also passed away?

If there are living siblings and dead siblings, do all still get an equal share?

"Now, is that second line assuming that all siblings have also passed away?"
No. It says "If a...".

"If there are living siblings and dead siblings, do all still get an equal share?"
This is pretty clear... The estate is shared equally between the brothers or sisters.

They get an equal share. If any are deceased, their share is split amongst their children.

 

[Amleto]

Also, hire a solicitor.

 

[Destination]

"Now, is that second line assuming that all siblings have also passed away?"
No. It says "If a...".

"If there are living siblings and dead siblings, do all still get an equal share?"
This is pretty clear... The estate is shared equally between the brothers or sisters.

They get an equal share. If any are deceased, their share is split amongst their children.

Each 'line' gets 1/4 share.
Doesn't matter how many kids in each line, they get 1/4 share to split between them.
If a line is completely extinct, then the shares change.

 

[Efour]

All on red. Go speak to citizens advice or your legal representation

 

[Mercutio]

Each 'line' gets 1/4 share.
Doesn't matter how many kids in each line, they get 1/4 share to split between them.
If a line is completely extinct, then the shares change.

Cheers again

apologies everyone (else) for having the gall to ask a question here.

My miss-understanding was on the workings of the "siblings get a share, or their children if the siblings are deceased" line which has been cleared up (if it read "or their children will receive their share if the sibling is deceased" it would be a bit clearer, it currently could be read as "siblings get a share, if they're all dead, siblings children get shares"). I was originally assuming it would be a 4 way split, a colleague had some issues with his dads will favouring living relatives so that left some doubt over exactly how that line could be read. I'd usually not be so pedantic but this is obviously a bit more serious.

I am (of course) going to get a solicitor involved but a basic quick check of that 1 point to give me some idea if it was worth it first didn't seem unreasonable.

 

[Hagar]

Cheers again

apologies everyone (else) for having the gall to ask a question here.

My miss-understanding was on the workings of the "siblings get a share, or their children if the siblings are deceased" line which has been cleared up (if it read "or their children will receive their share if the sibling is deceased" it would be a bit clearer). I was originally assuming it would be a 4 way split, a colleague had some issues with his dads will favouring living relatives so that left some doubt over exactly how that line could be read. I'd usually not be so pedantic but this is obviously a bit more serious.

I am (of course) going to get a solicitor involved but a basic quick check of that 1 point to give me some idea if it was worth it first didn't seem unreasonable.

Why not just have a family conference? Arriving tooled up with a solicitor in tow is possibly excessive particularly if everyone does that.

Who is doing the probate? Who is acting as executor of the estate?

Unless he was wealthy, the house will be the main asset. Most stuff will just be cleared.

 

[Mercutio]

Why not just have a family conference? Arriving tooled up with a solicitor in tow is possibly excessive particularly if everyone does that.

Who is doing the probate? Who is acting as executor of the estate?

Unless he was wealthy, the house will be the main asset. Most stuff will just be cleared.

That's not the tack being taken at all...
I'm being gently nudged by folks all round to step up to the plate on sorting it all out (with others pointing at my 1/4 share due).
I just wanted to check that before getting involved. There's no dispute or anything else. That's why I'm asking here, I'm not wading in with a solicitor, it's others immediately going "it's legal, get represented!" rather than reading and following my intent

It's not huge amounts being talked about either.

 

[grumpysculler]

Who is doing the probate? Who is acting as executor of the estate?

Assuming it is England or Wales, you cannot apply for probate and there won't be an executor. Those are only relevant where there is a will.

Someone (usually one of the beneficiaries) will apply for Letters of Administration and become an administrator.

If the deceased had four siblings as described, the estate is divided into four shares. If sibling is alive, they get the share. If also deceased, their children inherit that share equally (e.g. dead sibling has two kids, each child gets 1/8 original estate).

If the estate is neat and tidy and there are no disputes, it shouldn't be that hard a job.

In Scotland the process is slightly different, but not much.

 

[Mercutio]

Assuming it is England or Wales, you cannot apply for probate and there won't be an executor. Those are only relevant where there is a will.

Someone (usually one of the beneficiaries) will apply for Letters of Administration and become an administrator.

If the deceased had four siblings as described, the estate is divided into four shares. If sibling is alive, they get the share. If also deceased, their children inherit that share equally (e.g. dead sibling has two kids, each child gets 1/8 original estate).

If the estate is neat and tidy and there are no disputes, it shouldn't be that hard a job.

In Scotland the process is slightly different, but not much.

The... meat of your reply was what I was after clarifying
And quite correct, it's the letter of admin I'm being asked to apply for.