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Is sister in law entitled to decd brother's share

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  • Is sister in law entitled to decd brother's share

    Hi there, I'd be grateful for a little help.
    My mum passed a few months ago and her house is currently being sold.
    There are three children to share the proceeds.
    My brother has, however, just died so I'd like to know if his share automatically passes to his wife
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  • #2

    Condolences on the passings of your mother and brother

    Your brother's share becomes part of his estate, but whether or not it passes automatically to his wife will depend on his will (if he had one) or the intestate rules if there was no will

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    • #3
      Thanks so much for your speedy reply DES8, to clarify, he is still entitled to his share even though he has died? If his wife is applying for grant of probate that's unconnected to my mum's estate?

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      • #4
        Unless there is a clause in your mother's will to negate it, your brother's legacy becomes part of his estate.
        The executor of your mother's will should pay his legacy to the executor of his estate for distribution according to his will.

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