Intestacy - Who Inherits?

[BusyB]

I am dealing with the probate of my Father who very recently died, but was due to inherit from his first cousin who had no children of her own. There was no surviving spouse, are no surviving aunts or uncles, hence my Father's share. He was due to inherit along with 3 other cousins, so, what happens to my Fathers share? Does it come to his estate (and should I wait to settle it?) or, is it divided between surviving cousins?

Insight gratefully received - thank you.

[the-e-dealer]

I think thats what lawyers are for. BTW can you tell me what this funny noise is in my Car Engine?

[giggirl]

BusyB, my understanding is that the money will go to your father's estate. The downside of this is that it gets taxed twice.

[ianr]

I don't know if anyone can answer that question without knowing what conditions, if any, were contained within his deceased cousin's will. That's something for her executors to deal with and tell you about.

You may get some more informed advice from a specialised forum such as Usenet uk.legal.moderated newsgroup. But all such advice is without any responsibility or guarantee.

[Mick Mac]

If your father's cousin pre deceased him then your father's subsequent death will not affect the position. The estate will be entitled to whatever your father's share was.

Your question is not clear on whether it is your father or his cousin who died intestate. Assuming it is his cousin the share above will fall to be divided under the terms of your father's will, as the entitlement crystallized before his death. This is assuming the cousin died first.

If your father died intestate then it's easy enough to Google how estates are split in cases of Intestacy.

[the-e-dealer]

But your honour. I got the best advice money can't buy. From the edf!

[silverfox]

BusyB, was it your father who died intestate, your father's first cousin, or both?

[DaveR]

The basic rule is as Mick Mac says above - your father's rights crystallised at the point of the cousin's death, and this is not affected by the subsequent death of your father (for which, my condolences). I am assuming that the cousin died intestate and that someone has been appointed to administer the estate? It is the responsibility of the executor/s of your father's estate to identify the assets, and if that includes an interest in the cousin's estate, the executor needs to get in touch with the administrator. If you do need legal advice it is likely that this will have to be arranged separately from any advice given to the administrator of the other estate, but a decent solicitor will advise you on that as well.

[BusyB]

Thanks for the responses. Actually, they both died intestate, his cousin before him. I am dealing with my Father's estate (or going through the process to be able to) but didn't know whether this affected the Tax form I am completing. Sums are small so didn't want to have to pay lots of fees but it might be advisable under the circumstances.

[Mick Mac]

Don't pay fees. If sums are small call HMRC helpline as regards help with the form.