Can anyone help me? Struggling to find out how we divide an estate between 7 cousins from 4 different families is it equal share of 7th or between the four families? Any help most appreciated
It depends what the Will says.
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I am assuming that this is an intestate estate. If the deceased died domiciled in England and Wales, the division is per stirpes, ie each “family unit” would receive a quarte sharer, that quarter then being divided between the individuals in that unit. They do not receive equal shares (per capita).
Cliona O’Tuama
Solicitor
Does the answer not depend upon whether the distribution is intended to be per capita or per stirpes?
Under the former each donee takes 1/7th whereas under the latter each family takes 1/4 (then divided equally amongst the members of that family).
In the absence of any particular wording per capita takes priority.
What does the will actually state?
Malcolm Finney
Thank you very much for your answers. There is no will this is what is causing all the problems.
Simple solution would be to get legal advice and assistance.
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