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Distribution of inherited estate

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  • Distribution of inherited estate

    Hi - my partner and his brother were contacted by heir hunters last year about an unclaimed estate. He has subsequently been in contact with the BV department and has successfully shown that they are great nephews of the deceased and the inheritance has been paid to them.
    He has now received a letter from the original heir hunters who are acting on behalf of another relative who is a first cousin once removed of the deceased. Is this lady entitled to any of the inheritance? Does my partner have to hold on to the money for a certain amount of time to allow other claimants to come forward? BV won't give us any help any more.. Many thanks in advance.
    Tags: None

  • #2
    Re: Distribution of inherited estate

    Hi and Welcome.
    A quick guide as to who inherits can be found here; https://www.gov.uk/inherits-someone-dies-without-will

    Or:If someone dies without leaving a Will the following are entitled to the estate in the order shown below:
    1. husband, wife or civil partner
    2. children, grandchildren, great grandchildren and so on
    3. mother or father
    4. brothers or sisters who share both the same mother and father, or their children (nieces and nephews)
    5. half brothers or sisters or their children (nieces and nephews of the half blood or their children). ‘Half ’ means they share only one parent with the deceased
    6. grandparents
    7. uncles and aunts or their children (first cousins or their descendants)
    8. half uncles and aunts or their children (first cousins of the half blood or their children)

    If you are, for example, a first cousin of the deceased, you would only be entitled to share in the estate if there are no relatives who are higher in the order of entitlement.

    Comment


    • #3
      Re: Distribution of inherited estate

      Originally posted by des8 View Post
      Hi and Welcome.
      A quick guide as to who inherits can be found here; https://www.gov.uk/inherits-someone-dies-without-will

      Or:If someone dies without leaving a Will the following are entitled to the estate in the order shown below:
      1. husband, wife or civil partner
      2. children, grandchildren, great grandchildren and so on
      3. mother or father
      4. brothers or sisters who share both the same mother and father, or their children (nieces and nephews)
      5. half brothers or sisters or their children (nieces and nephews of the half blood or their children). ‘Half ’ means they share only one parent with the deceased
      6. grandparents
      7. uncles and aunts or their children (first cousins or their descendants)
      8. half uncles and aunts or their children (first cousins of the half blood or their children)

      If you are, for example, a first cousin of the deceased, you would only be entitled to share in the estate if there are no relatives who are higher in the order of entitlement.
      Hi - thanks for this, but it doesn't mention great nephews or cousins once removed.. Does anyone know who is higher up the food chain so to speak? Thanks

      Comment


      • #4
        Re: Distribution of inherited estate

        http://www.dumville.org/trees/cousins_tre.html

        This may help you work out what relations other members of your family are to you.

        great-great-
        grandfather
        = great-great-
        grandmother
        great-
        grandfather
        = great-
        grandmother
        great-grand-
        uncle or aunt
        grandfather = grandmother
        grand-uncle
        or grand-aunt
        first cousin
        twice removed
        father = mother
        uncle
        or aunt
        first cousin
        once removed
        second cousin
        once removed
        self brother
        or sister
        first cousin second cousin third cousin
        son or
        daughter
        nephew
        or niece
        first cousin
        once removed
        second cousin
        once removed
        third cousin
        once removed
        grandson or
        granddaughter
        grand-nephew
        or grand-niece
        first cousin
        twice removed
        second cousin
        twice removed
        third cousin
        twice removed
        Cousins


        To find what cousin another member of your family is to you, find the nearest common ancestor, such as a grandfather or a great-grandfather. Count the number of generations that you and your cousin are from the ancestor. If you are the same number of generations from the ancestor as your cousin, then you are first, second, third or more cousins, where the number is one less than the number of generations that you and your cousin are from the ancestor.
        For example, if your nearest common ancestor is your great-grandfather, three generations away, you are second cousins.
        If your cousin is a different number of generations from the ancestor, then you are first, second, third or more cousins, where the number is one less than the number of generations that the nearer of you and your cousin is from the ancestor. Your cousin is 'removed' by the number of generations he or she is away from your generation.
        Your father's cousin is your first cousin once removed, and so is your cousin's son. If you wish to differentiate, your father's cousin is your first cousin once removed ascending and your cousin's son is your first cousin once removed descending.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Distribution of inherited estate

          Thanks for the tree.. I'm still struggling... My question is - who is the closer relative to the deceased? A great nephew or a cousin once removed?

          Comment


          • #6
            Re: Distribution of inherited estate

            Originally posted by Katmoore View Post
            Thanks for the tree.. I'm still struggling... My question is - who is the closer relative to the deceased? A great nephew or a cousin once removed?
            Hi Katmoore

            From what I can gather, direct descendants take precedence.

            If so, with reference to the tree, as a cousin once removed is from the grand uncle/aunt line, I would say grand nephew/niece is the winner.

            I could be barking up the wrong tree, though! :tinysmile_hmm_t2:
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Distribution of inherited estate

              Assuming the deceased was not married, and had no children of their own the estate passes to:
              1)deceased's parents, but if they are both deceased the estate passes to
              2)deceased's brothers/sisters and thence to their children,(or children's children etc etc) but if there are none the estate passes to
              3)deceased's half brothers/sisters and thence to their children,(or children's children etc) but if there are none the estate passes to
              4)deceased's grandparents, but if there are none surviving the estate passes to
              5)deceased's uncles/aunts (brothers/sisters of deceased's parents of the whole blood) and thence to their children or children's children etc)
              6) deceased's uncles/aunts (brothers/sisters of deceased's parents of half blood) and thence to their children's children.


              So your OH is the child of a child of the deceased's brother/sister (no 2 in the list)
              The other claimant has a tenuous relationship to the deceased going back three generations to a common ancestor.
              IMO no claim and the heir hunters are just hoping you don't realise!

              Comment

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