# Uncle died without a will: How is estate divided among nieces and nephews?



## Unregistered (22 Apr 2005)

Hello, Perhaps someone could give me a second opinion on the following

Basically my uncle died two years ago without making a will, he was single.

  He had two brothers who pre-deceased him - one being my father who had a family of five sons and the other my uncle Peter who had one son.

In other words he had six nephews in all and we are his next-of-kin.

My brother is handling the administration of our uncle's estate by agreement.

We were of the opinion that the estate would be divided equally between all six of us ..........but not so according to the solicitor.  He says that our cousin will get half of the estate and that the other half will be divided equally between us five brothers - could this be correct ?

Your opinions / experiences in this matter would be greatly appreciated.


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## ClubMan (22 Apr 2005)

*Re: Legal Question*

Does  shed any light on the statutory rights of the next of kin in the context of such an intestate situation?


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## Unregistered (22 Apr 2005)

*Re: Legal Question*

"He says that our cousin will get half of the estate and that the other half will be divided equally between us five brothers - could this be correct ?"

I am not an expert but this looks correct to me.

Red


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## DoctorEvil (22 Apr 2005)

*Re: Legal Question*

According to  it would be divided equally among nephews and nieces.


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## legend99 (22 Apr 2005)

*Re: Legal Question*

"brothers and sisters only - shared equally, the children of a deceased brother or sister take the share "

that would imply 50% each to the dead siblings. Then your cousin gets that 50% via his dead father, you get 10% each, that is the 50% your dead dad got divded between ye.

However, at the same time it says
"nieces and nephews only - divided equally between those surviving"

so to me depending on which one you want to take....either of you could be right! 
You need specialist advice perhaps?


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## Unregistered (22 Apr 2005)

*Re: Legal Question*

Hello again, 
               Thanks everyone for your prompt and informative replies.

I guess that the solicitor was legally correct in his advice, after all it's his profession - although common sense would say that the estate should be divided equally.

Thanks again.

James.


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## Vanilla (22 Apr 2005)

*Re: Legal Question*

Whether the children of a deceased brother or sister take equally or 'per stirpes' ( i.e. take in equal shares the share their parent would have taken) depends on whether or not any other brother or sister of the deceased survives. If there is a surviving brother or sister, the nephews and nieces take per stirpes ( or each family of nephews and nieces take between them the share their parent would have taken), and if there is no surviving brother or sister, they take equally among all nephews and nieces. I'm paraphrasing s. 69 of the Succession Act 1965, if you want to quote this to your solicitor.


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## ClubMan (22 Apr 2005)

And if you want to read the act yourself it's available on the [broken link removed].


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## Unregistered (26 Apr 2005)

Many thanks for your replies Clubman, Vanilla etc.

I have just read the Succession Act 1965 and if my understanding of section 69 (2) is correct my solicitor gave us the wrong advice which could have serious consequences if not challenged in time.

We plan to discuss the matter with the solicitor next week when he returns from holidays and will let you know how we get on - it may be of help to some other member/reader
(There's a lot to be said for acting on ''gut feeling'' and common sense ')

Again many thanks for all the help

James


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## extopia (26 Apr 2005)

And yes, solicitors DO sometimes make mistakes.


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