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Death in Intestate

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  • Death in Intestate

    Hello,
    Have a question re a family death. Will cannot be traced, so assume it’ll be classed as a death in Intestate.

    Deceased had 4 children (A/B/C/D).
    3 of those survive (A/B/C). The 4th (D) passed a few years back prior to the deceaseds death.
    The 3 surviving (A/B/C) all have dependents.
    The deceased 4th child (D) has a surviving spouse (Dspouse) and 3 children (D-C1/C2/C3) from 2 marriages.

    Do the rules of intestacy mean the estate is split between the 3 direct surviving children on their own (A/B/C), or does it mean it’ll be split between the 3 surviving children (A/B/C), and (either the deceased’s childs surviving spouse (Dspouse) or directly to the deceased childs (D) (D-C1/C2/C3) surviving children)?

    PS - in England.
    Thank you.
    Tags: None

  • #2
    Was the deceased married? Assuming not:
    Divide it into 4
    3 surviving children take a quarter each.
    3 surviving children of D take each one third of the remaining quarter.

    Comment


    • #3
      Originally posted by dslippy View Post
      Was the deceased married? Assuming not:
      Divide it into 4
      3 surviving children take a quarter each.
      3 surviving children of D take each one third of the remaining quarter.
      Thank you DSlippy.
      Correct, Elder deceased whose estate i refer was a widow. Their spouse died over 10 years ago.
      I thought this might be the case, but was helpful to have reassurance.
      I was wondering if the deceased child (D) current spouse who still survices would have automatically inherited, but sounds like it gets passed down to the deceased child D's own 3 children.
      Thank you.

      Comment

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