What happens to share of a beneficiary under intestacy who dies before estate distribution?

[Pat Cakes]

Hello

My mother has been told that she is one of approximately 20 beneficiaries of an estate of a cousin once removed who died 4.5 years ago. Her (my mother's) sister and brother died in between the death of this cousin and now, so would have been beneficiaries as well if the estate had been distributed during their lifetimes.

Our question is - what happens to their shares? Do they go back into the pot to be distributed among all beneficiaries or do they pass to my mother as their next of kin?

It seems an unreasonably long time between the death and distribution of the estate but apparently it took this long to locate all next of kin. Unfortunately that means that my mother's siblings did not inherit in time.

I have contacted the solicitor dealing with the estate but am not getting any reply.

Thanks for any help!

P

 

[mathepac]

It should be distributed to the offspring (if any) of the deceased beneficiaries. If they've had no offspring, their shares go back into the pot to be redistributed. In the example you quote there would now be 18 divisions instead of the original 20.

IANAL. My aunt died intestate, predeceased by my father, her brother. His share was divided equally between his children.

 

[Pat Cakes]

Thanks mathepac, I forgot to say that my aunt and uncle died without spouses or children.

However you said that your aunt died intestate *predeceased* by your father. In my case my aunt and uncle died *after* the death of the estate owner. I.e. on the death of the estate owner who died intestate, my aunt and uncle were alive but died in between then and now when the estate is nearly ready to be distributed. So they would have inherited if the estate had been distributed more quickly - it has taken 4 and a half years for the next of kin to be determined - seems like a ridiculously long time to me...

 

[MOB]

It should be distributed to the offspring (if any) of the deceased beneficiaries. If they've had no offspring, their shares go back into the pot to be redistributed. In the example you quote there would now be 18 divisions instead of the original 20.

Most unlikely to go to back into the pot of 18 (and if it does, it will be a coincidence rather than the application of a rule).

Their shares form part of their estate(s) and fall to be distributed according to whatever rules apply to their estates;

So, if they left wills, those wills will determine who benefits.

If they left no wills, the rules on intestacy will determine (likely their siblings would take their estate, with the children of any precedeased siblings taking their late parent's share - but it needs to be carefully checked)

 

[Pat Cakes]

Most unlikely to go to back into the pot of 18 (and if it does, it will be a coincidence rather than the application of a rule).

Their shares form part of their estate(s) and fall to be distributed according to whatever rules apply to their estates;

So, if they left wills, those wills will determine who benefits.

If they left no wills, the rules on intestacy will determine (likely their siblings would take their estate, with the children of any precedeased siblings taking their late parent's share - but it needs to be carefully checked)

Thanks MOB, I suppose I hope you're right. It's hard to find a definitive answer.

 

[Curlywurly]

Thanks MOB, I suppose I hope you're right. It's hard to find a definitive answer.

I agree with the advice MOB has given. The distribution of the estate differs depending on whether the person died before or after 1st January 1967. I am assuming it is post 1967.
The next of kin ( beneficiaries of Intestates estate) is FIXED at date of death. So if your mother and her siblings were the nearest next of kin alive at the date of death of their cousin once removed who died Intestate, they are all entitled to a share in the estate.
To be the nearest next of kin would mean that your mother's first cousin once removed died either a bachelor, spinster or widow/widower without Civil Partner (applicable since 2011), without issue, parent or other lineal ancestor, brother or sister, nephew or niece or descendant of such, uncle or aunt in any degree or first cousin surviving them.
If one of the persons entitled to a share in the deceased' estate has survived the deceased and then died before the estate is administered their share then must go to their estate. It does NOT go back into the pot. It is usually paid to their Legal Personal Representative (i.e. The person who took out a Grant of Representation from the Probate Office) to distribute in accordance with their will or if no will to their immediate next of kin alive at the date of their death.