If there is a
house, or assets over £20,000, it doesn't matter whether there is a will or not,
the estate was go to probate. If there is a will, and obviously the estate is
dealt with in accordance with the will, but if there is no will then the estate
is dealt with under the rules of intestacy which are here.
if you go to the sixth box down you will see that if the
deceased left no spouse or children then the estate goes to Brothers
and sisters of the whole blood in equal shares.
If there are no brothers or sisters of the whole blood, then to brothers and
sisters of the half blood in equal shares.
Your mother therefore is only a half blood
relative as she had a different father to your uncle and therefore your aunt
inherits as she has the same mother and father as your uncle where is your
mother had a different father from your uncle. If you did not have an aunt,
then your mother would inherit.
If your aunt had died, then her children
would get her share.
I appreciate that is not the answer you
wanted but I have have a duty to advise you honestly and you can see the rules
of intestacy in writing from another firm of solicitors
although it is not what you want
to hear, does it answer the question? Can I assist further?
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