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My cousin died in testate. There are three surviving cousins

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and two nieces. Do the...
My cousin died in testate. There are three surviving cousins and two nieces. Do the nieces have a legal right to a share of the estate?
Submitted: 6 months ago.Category: UK Law
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Answered in 46 minutes by:
5/9/2017
Solicitor: Stuart J, Solicitor replied 6 months ago
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22,624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Good afternoon - has probate been applied for?

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Customer reply replied 6 months ago
Not yet
Customer reply replied 6 months ago
One of the cousins has two daughters - there are no nieces.
Solicitor: Stuart J, Solicitor replied 6 months ago

With no spouse or civil partner this is the order. If anyone in the list died first, but leaves children, the surviving children take their deceased parent's share:

  • If you have children, they will inherit all of your estate in equal shares. If a child has already died, his or her children will inherit their share of the estate.
  • If there are no children, your surviving parents will inherit your estate in equal shares.
  • If there are none of the above, your brothers and sisters will inherit in equal shares. If a brother or sister has already died, their children (your nieces and nephews) will inherit their share of the estate.
  • If there are none of the above, your half-brothers and half-sisters will inherit your estate. If a half-brother or half-sister has died, their children will inherit their share of the estate.
  • If there are none of the above, your grandparents will inherit your estate in equal shares.
  • If there are none of the above, your aunties and uncles will inherit your estate. If an auntie or uncle has already died, their children (your cousins) will receive their share of the estate.
  • If there are none of the above, your half-aunties and half-uncles will inherit your estate. If a half-auntie or half-uncle has already died, their children will inherit their share of the estate.

Does that answer?

Any points arising?

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Category: UK Law
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