Second grant of probate and Bona Vacantia claim

[BrandyFriday]

Can anyone please help me to interpret the rules of Intestacy in this scenario?

J died intestate in 2008 and his estate was added to the Bona vacantia list.

J was survived by his mother, B, who died in 2015, intestate, but she was survived by her spouse W (second husband, not J’s dad).

J had 2 full siblings, both still alive (N and G).

As J predeceased his mother, B, the person with the valid claim to the Bona vacantia division is B, but as she is deceased, her executor and husband W is eligible to apply.

As W died in 2017, he cannot apply to Bona vacantia, so a Bonis non second grant of letters of administration for B can be saught by her daughter, N. (Is this correct? Or should there be a chain of representation where W’s executor applies for Bonis non for B’s estate?)

If N applies to Bona vacantia on behalf of her mother B’s estate, to claim her brother J’s estate, who are the beneficiaries according to intestancy rules?

Is it simply N and G as they are full siblings of J? Or is it W’s surviving beneficiaries as he was in line to inherit B’s estate?

Thanks!

[Mal161]

Why was j's estate added to the Bona Vacantia list, which I understand is for estates where no next of kin is found? As J did have next of kin, it is they who should inherit j's estste, nut I hope someone will also confirm this, because as a lay person I am not 100% sure.

[PallasAthena]

I'm also puzzled why J's estate was added to the bona vacantia list when J had two siblings and a mother still alive when J died intestate in 2008.

I don't know the answer to OP's question but would just add that it needs to be borne in mind that the rules of intestacy changed significantly in 2014 so you would need to research the rules that applied at J's date of death in 2008.

[atticus]

Sorry, I was away when this was first posted.

The beneficiaries are those who were entitled at the death of this person. If any have since died, their share will go into their estate.