We have a client who passed away had no children and no wife. His parents passed away. His estate was to be distributed to his siblings (4). 3 siblings agreed to renounce their share and provide their share to their sibling in the UK. While preparing declarations for the 3 siblings, 2 of them were signed and the third sibling suddenly passed away before he could sign any declaration and before probate was granted
With regards to the share that the 1 sibling was due to receive but passed away. Does his share go back to the estate or to his respective family If he has any. The deceased sibling is not a UK national nor is he resident in the UK. Would the estate still pass to the deceased brother’s family even though intestacy does not apply in Pakistan.
And furthermore, that the PR(s) for the deceased beneficiary with a vested interest are unlikely to be able to disclaim their interest now due to their duties to the beneficiaries.
Yes, if the brother (B) survived the deceased (D), then B’s share passes to B’s estate, according to the succession applicable to B’s estate. If the two other siblings disclaimed their share (which is what I understand you to mean by ‘renounce’, then theoretically B would now get a double-share, along with the UK slbling. But if they varied the intestacy to gift their share to the UK sibling, it would be otherwise. A variation as to B’s share of D’s estate is still possible (for tax purposes if still within 2 years), if the PR of B now makes a valid disclaimer or variation in relation to B’s share - which as Michael says would presumably have to have the consent of B’s beneficiaries.