Hi I have an intestacy estate where only one full cousin is alive however there was also a half uncle to the cousin on grandmother’s side (her son by another marriage now deceased) the question is, do his (half uncle now deceased) four children take his share of the estate or does the full cousin only take the full estate.
Morning,
My reading of the rules is that - assuming this relates to an estate in England & Wales - an heir of the whole blood from the class of kin of uncles and aunts or, where predeceased, their issue, takes in precedence to an heir from the class of kin of uncles and aunts of the half blood and, where predeceased, their issue; and therefore the cousin of the whole blood inherits.
It may be wise as a precaution, to check that the half blood maternal uncle wasn’t formally adopted into the family.
I’d welcome input from the other members on this.
Louise Levene
Finders International
The closest blood relatives of the deceased would be the first cousin over the half uncle.
I therefore believe the first cousins inherits.
Malcolm Finney
To be clear it stops at first cousin and not equally between cousins once removed?
Hi there,
I hope this answers your question:
The potted version would be that English & Welsh distribution on intestacy is per capita to the uncles and aunts of the whole blood on the maternal and paternal sides, then, where predeceased, per stirpes to their issue (i.e. to first cousins once removed, failing which to first cousins twice removed, and so on until living issue are found or until the line is proved to have terminated without surviving issue).
This means that if a first cousin of the whole blood has predeceased the Deceased, their issue benefit, so distribution doesn’t stop at first cousins except perhaps accidentally - for example, all the first cousins themselves are all living; or, if any have predeceased, they have all died without leaving surviving issue. Depending on the circumstances of your family tree, many cousins might stand to inherit.
I’m wondering if it might be useful to discuss this further? If so, and it’s acceptable to the moderators, please contact me via LinkedIn.
I hope that helps.
Louise Levene
Finders International
Good morning,
Generally speaking, and to confirm what others have mentioned, the first cousin will take precedence over the half-blood uncle or his issue.
In our experience, it is fairly unusual for there to be just a sole beneficiary when an estate falls to cousins. The issue of any other pre-deceased full blood cousins will also be entitled to inherit on intestacy, taking the share of the estate that would have been attributed to their parent had they been alive. This applies to both the deceased’s maternal and paternal family.
If you would like to take advantage of our free family tree checking service, then please contact us and we’d be happy to assist. We can also arrange a missing beneficiary indemnity policy that would protect the Personal Representative from any unforeseen claims to share in the estate that may arise in the future.
Kind regards,
Philip Turvey
Anglia Research
www.angliaresearch.co.uk