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beneficiaries

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  • beneficiaries

    can someone advise me on the issue of inheritance regarding the 28 day rule. Person A died on the 28th day( in the morning ) following the death of Person B who died in the afternoon 28 days before. Is person A entitled to a share of persons B estate. Person B died intestate and the line of inheritance suggests that person A would be a beneficiary. As person A died in the morning and person B died in the afternoon does that make any difference to the 28 day rule.
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  • #2


    what is the relationship between persons A & B?
    The Law Reform (Succession) Act 1995 states:
    "Where the intestate’s husband or wife survived the intestate but died before the end of the period of 28 days beginning with the day on which the intestate died, this section shall have effect as respects the intestate as if the husband or wife had not survived the intestate.”

    "Husband or wife" substituted by "spouse or civil partner" by Civil partnership Act 2004

    Comment


    • #3
      if this concerns spouses or civil partners, can you please give the dates in the month(s) on which the respective deaths occurred.

      Comment


      • #4
        Originally posted by des8 View Post


        what is the relationship between persons A & B?
        The Law Reform (Succession) Act 1995 states:
        "Where the intestate’s husband or wife survived the intestate but died before the end of the period of 28 days beginning with the day on which the intestate died, this section shall have effect as respects the intestate as if the husband or wife had not survived the intestate.”

        "Husband or wife" substituted by "spouse or civil partner" by Civil partnership Act 2004
        Person A was a niece of person B . The only surviving relatives of person B are nieces and nephews

        Comment


        • #5
          Originally posted by atticus View Post
          if this concerns spouses or civil partners, can you please give the dates in the month(s) on which the respective deaths occurred.
          Person A was a niece of person B. There are only nieces and nephews who have survived person B .Person B died on the 28 of Febuary at 12 .30 so in the early afternoon of that day. Person A died on the 28 March which was 28 days later but in the early morning of the 28th day.
          Last edited by adlerman; 23rd June 2022, 12:24:PM.

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          • #6
            Now you will see why I asked.

            Des 8 referred to the Law Reform (Succession) Act 1995 states:
            "Where the intestate’s husband or wife survived the intestate but died before the end of the period of 28 days beginning with the day on which the intestate died, this section shall have effect as respects the intestate as if the husband or wife had not survived the intestate.”

            If the 28 day period begins on 28 February (day 1) then day 28 is 27 March.

            Does that help?

            Comment


            • #7
              mind you, this person being a neice appears not to have been a spouse or civil partner!

              Are you a student seeking help with an assessment?

              Comment


              • #8
                Originally posted by atticus View Post
                Now you will see why I asked.

                Des 8 referred to the Law Reform (Succession) Act 1995 states:
                "Where the intestate’s husband or wife survived the intestate but died before the end of the period of 28 days beginning with the day on which the intestate died, this section shall have effect as respects the intestate as if the husband or wife had not survived the intestate.”

                If the 28 day period begins on 28 February (day 1) then day 28 is 27 March.

                Does that help?
                yes that is very useful thanks

                Comment


                • #9
                  Originally posted by atticus View Post
                  mind you, this person being a neice appears not to have been a spouse or civil partner!

                  Are you a student seeking help with an assessment?
                  I am not a student, i'm just trying to find out who can be the beneficiaries to an estate.thanks

                  Comment

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