How to share estate between cousins

[jezza270]

Please can someone inform me of the solution to the following as per UK Intestacy laws.

The deceased died unmarried, with no children or brothers or sisters. His Parents, Grandparents and all Uncles and Aunts are deceased. There are 11 cousins of the deceased of which 2 are deceased but have children still alive. 5 Cousins had the same Uncle of the deceased, 3 others had another Uncle of the deceased and the remaining 3 cousins had the same Aunt of the deceased.

How should the money be shared? At first I thought that all Cousins would get an equal share of 1/11th of the total estate. But after further investigation I am now thinking that the total amount should be divided by 3 (the share that the deceased Uncles/Aunt would have received). And then each Cousin would share with their siblings the amount that their Father or Mother would have received. And for the deceased Cousins their share would be divided between their surviving Children.

Thanks in advance.

[des8]

If the deceased had three aunts/uncles who have predeceased him but have themselves left descendants, then those descendants would inherit the share their parents would have inherited had they survived.
So your revised thinking was correct

[sederunt]

Intestacy law is not consistent across the UK. DES8 advice looks good for E and W.

[des8]

As it happens, although the law in Scotland often differs from that in England & Wales, in this instance the Succession (Scotland) Act 1964 is the same

[sederunt]

As it happens, although the law in Scotland often differs from that in England & Wales, in this instance the Succession (Scotland) Act 1964 is the same

My understanding is that this is one of the areas where there is a difference between England and Scotland. Section 6 of the 1964 Act requires a per capita distibution at the first level of surviving heirs, and per stirpes below this.

But as ever, I am happy to be corrected.

[jezza270]

Thanks for your replies. My next query regarding the same case is how to share the entitlement of one of the Cousins if they died in March 2021 nearly a year after the deceased. This Cousin had moved to Canada near to one of her sons and had another son living in England. At first I thought it would just be simply sharing 50% of the Cousins share between her 2 living sons but I have read somewhere that the money should go to the Cousin's estate and divided according to her will if she left one. Not sure if at this stage if the will has already been executed within 9 months of her death.

Thanks again in advance.

[des8]

In this case I understand the deceased had
1) no wife/civil partner
2) no children
3) no living parents
4)no siblings

This means his uncles and aunts are the first level of heirs, but as they are not surviving their shares of the estate are distributed to their children.
The Succession Act sec 2 (1) (f) &(i) apply

[des8]

Thanks for your replies. My next query regarding the same case is how to share the entitlement of one of the Cousins if they died in March 2021 nearly a year after the deceased. This Cousin had moved to Canada near to one of her sons and had another son living in England. At first I thought it would just be simply sharing 50% of the Cousins share between her 2 living sons but I have read somewhere that the money should go to the Cousin's estate and divided according to her will if she left one. Not sure if at this stage if the will has already been executed within 9 months of her death.

Thanks again in advance.

As the cousin passed away after the deceased her legacy becomes part of her estate and should be dealt with by the administrator of her estate.
You will need to pass it to her administrator