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dustysal | 03:25 Sat 28th Feb 2009 | Law
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My aunt and uncle recently died (within 14 days of each other) My aunt was the first to die. Their wills left everything to each other. They had no children. My sister and I are my aunts only family (except my sons). My uncles family are handling the estate and look set to inherit the whole estate. Is this correct or should my sister and I be my aunts beneficiaries?
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I would guess so. I assume your aunt was a blood relative of you whereas your uncle wasn't a blood relative of you. I don't know the intestacy rules on this (you can look them up though) but I would have thought that as everything belonged to the uncle then his blood relatives would take precedence over you and your sister .
Since your aunt was the first to die and she left a will (leaving everything to your uncle) then her estate is irrelevant, as it has already been bequeathed in total.

Assuming your uncle's will left everything to your aunt (who pre-deceased him) he effectively dies �intestate� (that is, without a will). So the rules of intestacy kick in, but are applicable only to your uncle�s estate.

A quick look here:

http://www.cch-solicitors.com/wills/intest.htm

will explain those rules.

Assuming your uncle had no living children or parents, it is likely that his brothers and sisters will inherit.

By virtue of the fact that your aunt died first (leaving her estate to your uncle) it looks like you are ruled out.

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