inheritence re. intestancy in scots law.

[dclmf]

if a person dies intestate, do the children of any brothers or sisters who predeceased that person have any claim on the estate,if there are surviving brothers/sisters.

[Ethel]

In England and Wales, the intestacy rules are explained here:
http://www.youngandpearce.co.uk/intestrules.ht m

But in short, no - nephews and nieces get nothing if there are surviving siblings

[Ethel]

Sorry - Scottish rules here:
http://www.dlbloomer.co.uk/site/knowledgebank/ knowledgearticle/ifa_facts_intestacy_rules?id= ifa_ir_scotland.html

Nephews and nieces get nothing.

http://www.dlbloomer.co.uk/site/knowledgebank/ knowledgearticle/ifa_facts_intestacy_rules?id= ifa_ir_scotland.html

[Rollo]

That's not right.

In England and Wales the children of a deceased sibling get that deceased sibling's share in the case of an intestacy.

I don't know if the same rule applies in Scotland.

[Rollo]

THe same rule applies in Scotland, according to this = Section 9.

"2. Parents, brothers and sisters with issue of a predeceasing brother or sister taking that person's share."

[Rollo]

The link:

http://74.125.95.132/search?q=cache:bnxujX6gNM QJ:www.housingcare.org/downloads/kbase/1407.pd f+intestacy+rules+scotland&hl=en&ct=clnk&cd=5& gl=uk

[Ethel]

Apologies.

[Stu Dent]

the rules of how an intestae estate is divided in Scotland is contained within the Succession (Scotland) Act 1964.

To answer the question directly, 'yes', the child of a predeceased sibling does 'represent' that predeceased child - i.e. the child gets the share that the deceased sibling would have been entitled to - by exercising their 'Legal Rights'. If that predeceased sibling had three children then each child gets one third each of their deceased parents share - also one third.

However before you get to the stage of dividing up the property between siblings all the deceased's debts must be deducted from the estate. After that, if there is a surviving spouse, then the survivng spouse can claim 'Prior Rights'.

Often this exhausts the entire estate leaving nothing for any other potential beneficiaries. Prior Rights gives the surviving spouse the right to the dwellinghouse where he/she was ordinarily resident (up to �300k). The surviving spouse is also entitled to cliam rights to the dwellinghouse furniture (up to the value of �24k), and finally, he/she is entitled to a cash right of �42k where there are surviving children.

So the estate must be fairly large before any surviving children (or their representatives) may receive any residue from the estate.