Rules of Intestacy

Trusts Discussion
1

I am dealing with an intestate estate, where the deceased never married, no spouse, no children. His parents died before him.

His direct blood relatives are 1 brother and 3 sisters. However 1 of his sisters died before him.

The deceased sister is survived by her 3 daughters (all still alive).

When dealing with distributing the estate am I correct that the estate is distributed as follows:

Surviving brother = 25% of estate
Surviving sister 1 = 25% of estate
Surviving sister 2 = 25% of estate

The remaining 25% of his estate which would have gone to his deceased sister is then split equally 3 ways to her daughters:

Daughter 1 = 1/3rd of 25% = 8.33% of estate
Daughter 2 = 1/3rd of 25% = 8.33% of estate
Daughter 3 = 1/3rd of 25% = 8.33% of estate

Is this the correct application of the rules of intestacy in this scenario?

1 Like
2

Yes, I believe so.

Malcolm Finney

3

I would agree with Malcolm. I always find this is useful as a guide Intestacy - who inherits if someone dies without a will? - GOV.UK (www.gov.uk)
Kim Jarvis

4

Surely any experienced Probate practitioner is sufficiently familiar with the rules on intestacy that he or she would not have to consult the Government’s guide, which is no doubt intended for lay people?

Cliona O’Tuama

Solicitor

1 Like
6

Yes intended for lay people but still useful

7

This is a very basic intestacy query though…