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Estate Entitlement

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  • Estate Entitlement

    The situation is:

    My aunt died last April - no spouse/partner or children. Her next of kin was my Mum and my Uncle. A will has not been located, although she may have made one. Because there is likely no will the assumption was that any estate would go to my Mum and Uncle.

    However, my Mum died 4 weeks ago. Am I correct in thinking that the estate of my aunt falls soley to my Uncle?

    If a will should be located and my Mum is named in the will, even though Mum is now deceased, would any of my Aunts estate still fall to my Mum? Just asking as my Uncle is 90 with dementia and lives abroad so I need to know if I should be starting probate or should it just be left now for the Treasury to decide? Any thoughts kindly appreciated.
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  • #2

    Firstly condolences on your recent loss.

    Regarding your late aunt's estate, has anybody been trying to deal with it?
    How large is the estate?
    Does it involve real property (i.e. land/buildings/stocks/shares)?

    If a grant of letters of administration (as no will ) is required the rules of intestacy determine who is allowed to apply for the Letter of Administration.

    If your mother (full blood sister of your aunt?) was due to inherit from your aunt's estate (either under a will or the rules of intestacy) , your mother's share becomes part of your mother's estate and is dealt with accordingly

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