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Dying Inestate

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breadstick | 09:47 Wed 17th Sep 2014 | Law
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If a person dies without making a will and the only immediate family they have is 2 siblings does any of their estate go to the likes of Nephews neices etc?

i have heard that other family members get a token amount even if no will was made is this true?
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no
unless there are children of dead siblings
Bednobs is correct. The estate will be shared by the 2 siblings in its entirety - the nephews and nieces dont get a look in if their parent is alive. Only if one (or both) of the siblings had died would their children inherit "per stirpes" - ie the children would share the share that the parent would have had.

s46 Administration of Estates Act 1925 http://www.legislation.gov.uk/ukpga/Geo5/15-16/23/section/46
the only time that would be true is if they had a deceased parent- in which case their children get their share split equally.
Eg. John dies without making a will and leaves £90k
He has brother George, Bill and Bob.
Bob has died before him but has two children Emma and Grace.
George gets 30k
Bill gets 30k
Emma and Grace gets 15k each in lieu of their dead fathers share.

Other than that sort of scenario nieces etc get nothing.
No...siblings.
Sorry Barmaid, cross posted :)

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