Will

[boris2802]

My Aunt and Uncle had no children. My Uncle died about 15 years ago and left everything to his wife, but in his will he did say that his estate was to be split between his nieces and nephews. My Aunt died 3 years ago and I don't know if she left a will, but I am trying to find out. When she died, my 3 cousins, all sisters, told my other cousin he would get a share, but me and my sister were not included. Turns out now the 3 have kept all of it. If she did have a will, is it too late to take it to a solicitor if they have been lying? Also, if my Aunt died without a will, what happens ? She had no siblings, just one cousin of her own.

[bednobs]

sorry boris, it's a little difficult to follow what yu are saying. you say your uncle left everything to hs wife, but then in the next sentance you say his estate was split between his neices and nephews, which was it?

if your aunt had a will,you will be able to get a copy of it to look at frm the probate registry. If she dies without a will, the estate would have been distributed under the intestacy rules. in order to avoid confusion, as only you know your relationsa nd who they are see here http://www.hmrc.gov.uk/CTO/customerguide/page1 4-1.htm to see how the estat would have been distributed

[boris2802]

Bedknobs. Thanks for that. What I meant was my Uncle said in his will he wanted the estate split, but I assume that was if his wife predeceased him, which she didn't. So what I am trying to find out is if she had a will. Your link was very useful

[bednobs]

what your uncle said in his will about splitting it all between you if your aunt died first does not count at all. When he left it to his wife, it became hers to distribute as she wanted. She might well take into account his wishes when making her will (if she did make one) but by no means has to so you can forget about that angle. Now you need to find if your auntie had a will via the probate office

[dzug]

It's possible that your uncle left it in in a life trust to your aunt. If this is the case then it's not hers to dispose of in her will and the second bit of your uncle's will (nieces and nephews) comes into play.

You'd need to know exactly what his will said to establish if this is the case or not..

[boris2802]

I doubt whether my Uncle will have put the life trust in there, but you never know. What I would like to know is there a time limit for all of this if there was no will ?