Who is entitled if someone dies without a will?

[MazzyS]

If someone dies and doesn't leave a will AND they have no living spouse or children, who can inherit the estate?In this scenario, only first cousins and their descendants are survivng? Would they all got a proportionate share, or just the first cousins?

Hope someone can help.

[Ethel]

There are strict rules:

* Estate goes to parents.
* If none, then to siblings of the whole blood or their issue.
* If none, then to siblings of the half blood or their issue.
* If none, then to grandparents.
* If none, then to uncles and aunts of the whole blood or their issue.
* If none, then to uncles and aunts of the half blood or their issue.
* If there are no parents, siblings (whole or half blood), issue of siblings, grandparents, uncles and aunts (whole or half blood), or issue of uncles or aunts, estate goes to the Crown (or to the Duchy of Lancaster or the Duke of Cornwall).


So first cousins equally. If any first cousins have died, their children get their share equally.

So, an easy example. There is �4000 to be divided. There were 4 cousins, so �1000 each.
However, one of the cousins has died, she has 2 children. Her children get her share equally - �500 each

[dzug]

First cousins are the most 'remote' relatives who can inherit under intestacy.

You haven't mentioned parents of the deceased - I assume they are dead?

The law may differ outside Engand and Wales

[philandlil]

Theres some info about at the link below

http://en.wikipedia.org/wiki/Intestate

[MazzyS]

The parents/grandparents are deceased, there are no brothers/sisters.
Aunts & Uncles have also deceased.
There were 6 cousins, of which possibly 4 or 5 are alive.
The deceased cousin had no children.
1 surviving cousin has no children.
At least 2 of the surviving cousins have children (3 each).
Would they have any claim or not?
All the cousins reside in the UK, apart from one who may be living in the USA.

Thanks for everyones help so far, much appreciated.

[terambulan]

If they die intestate, the IR Tax has the first 40% over �125k (?) threshold. What's left is divided by surviving relatives.

[dzug]

Where did the deceased reside?

If England and Wales the children of the cousins would have no claim in the circumstances you describe. In Northern Ireland I think they would. In Scotland I'm not sure but I think not.

USA residency for a beneficiary is irrelevant to their entitlement

[New Judge]

�312,000 at present, rising to �350,000 by 2010/11.

[MazzyS]

The deceased was a resident in England.

So it looks like only cousins, or children of deceased cousins would inherit.

Have I understood correctly?

[MazzyS]

Is the 312,000, the new tax threshold before the IR take their cut?

[terambulan]

How much do you estimate the 'estate' to be. If less than New Judge's figures then the IR leave all to any relations, ie cousins etc.

Am unsure how cousins make their claim? Will they collect the post to find bank details/deeds/PO accounts or maybe put an advert in newspaper....then be liable for any debts?

[MazzyS]

The estate is less than 312000, so it looks like the IR do not get involved.

There was an advert placed in a newspaper from a solicitors office.

I don't think the solicitors are aware of how many surviving members there are. (I don't think the family does either)

Does each cousin have to claim individually?
If they are not aware of the situation and don't claim, would they miss out OR will thorough searches be made to find ALL individuals by someone (eg solicitors)? I don't think the family know the whereabouts of all - alot of guess work is involved.

I as an individual do not benefit, I am purely making enquiries on behalf of an elder family member, who is a bit bemused by the whole situation.

Hope someone can shed some light.

[Barmaid]

Your elderly relative would be advised to let the administrators know of his/her claim.

If the administrator of the estate has any sense at all, he will get a genealogist to help ascertain how many people initially formed the class. That at least will determine the initial share of the cousins. As to finding them, that is a different matter. If they don't make a claim and they cannot be found (after reasonable enquiries - the costs of which should be borne by that share) and the administrator wants to distribute he can make an application to the Court to allow him to distribute to those he knows of.

[MazzyS]

Thank you to all the above that helped with my query.

I have informed my relative to contact the solicitors, and let them sort it out.
I have tried to tell my relative that it is not there worry or reposibility to find other family members that are out there.

Thanks again.

[catcuddler]

this happened to my father.his cousin died and he inherited as she had no other blood family.if he had been 2nd cousin or if he had been dead and i tried to claim i would have got nothing and it would have gone to crown.this was correct is 2005 so cant guarantee is now
hope it helps

[dzug]

It's the responsibility of the Administrator to track down the beneficiaries - or at least to make every effort to do so. Claiming is not strictly necessary - but it helps the Administrator so is probably a good idea anyway