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Intestacy rule

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  • Intestacy rule

    Hi
    I'm wondering if anyone can help please?
    Does the 28 day intestacy rule apply to a beneficiary who died several days after the deceased?
    Thank you in advance.
    Tags: None

  • #2
    The 28 day survivorship period permitted by the intestacy rules means that a beneficiary has to survive the deceased by 28 days to inherit.

    .This applies even to the surviving spouse (Law Reform (Succession) Act 1995).

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    • #3
      Thank you for your reply. Would it apply* to a sibling? Many thanks.*

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      • #4
        applies to any beneficiary

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        • #5
          Originally posted by des8 View Post
          applies to any beneficiary
          BUT if that beneficiary had children, then those children would inherit per stirpes

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          • #6
            Thank you. Sorry another question!
            If the beneficiary does not survive the required 28 day period, what happens to the inheritance?
            Thanks.

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            • #7
              It's dealt with as part of the estate under the intestacy rules

              Comment


              • #8
                Thank you for your time I do appreciate it, I'm such a novice at this. So if a beneficiary of an estate going through probate dies a week later and had children where does the money go to? I'm very confused, if it's not obvious! Thanks again for your time.

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                • #9
                  This is becoming confusing..... probate has nothing to do with intestacy rules.
                  The survivorship rules relate to the time of death

                  Can you tell us who has passed and what relatives are left?
                  The rules are set out in*the Administration of Estates Act 1925 and amended by the Inheritance and Trustees Powers Act 2014

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                  • #10
                    Sorry my fault, I'm trying to research it on the internet and getting up jumbled up! Yes it's my dad's brother who died and then his other brother died a week later. Neither of them had a will. The first brother that died is the eldest and my dad is the youngest of the three. The second brother who died has children that he hasnt had contact with for 30 years.*
                    Thanks again I do appreciate it.

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                    • #11
                      any spouses still alive ?

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                      • #12
                        The oldest brother never married and the other brother divorced about 30 years ago*

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                        • #13
                          so "A" dies first, followed 1 week later by brother "B" (who has surviving children) survived by brother "C".

                          Assuming both parents are already dead:
                          A's estate goes 50% each to B & C
                          B's estate (including his 50%) goes to his children

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                          • #14
                            Thank you, that made it easy to understand and thanks for all your time too.*

                            Comment

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