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Uncle left no will

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  • #16
    Having worked the gov.uk online checker who inherits when there is no will, my first sentence in post 6 incorrect.
    As your mother passed before your uncle, her share of her brother's net estate will be inherited by her children in equal shares

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    • #17
      Thank you PEZZA54 for the clarification.

      Is it possible for my aunt as administrator not to release my mother’s half of the estate to her four children. Is it set in law that my mother’s half of my uncles estate comes to her children.

      We have been informed that my aunts children are unhappy that they are not to get anything from the estate as we are.

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      • #18
        When someone dies without a Will the Administrator MUST follow the rules set out in intestacy law. Not without the agreement of all beneficiaries anyway.

        If intestacy law says your aunt's children aren't entitled to anything then that's just what the law says. Of course once your aunt has her share she can give it to her children if she wants to as long as what she gives them only comes out of her share.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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        • #19
          In post 13 you stated your aunt is the administrator.
          You should check the probate registry again to see if she has been officially appointed
          One of the administrator's duties is to let beneficiaries know asap that they are a beneficiary and will be inheriting

          Your aunt told your brother to only make contact through her solicitor.
          You should write to the solicitor making them aware that you have researched the rules of intestacy and believe you are due to inherit a share of your uncle's estate as your mother predeceased your uncle

          If your administrator aunt refuses to follow the rules of intestacy you may need your own solicitor to write a warning letter that if necessary they are prepared to commence court action to remove your aunt as administrator under Section 50 of the Administration of Justice Act 1965

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