Intestacy

[jayhenbro]

A person dies intestate with no spouse or children, but leaves brothers and sisters, who, under intestacy rules are
next of kin ,with the deceased's estate being divided equally
amongst them. However, if one of the brothers, who has three children over 21 years old, dies 30 days later than the intestate person, does the portion due yo them go to this
brothers estate, or is his share divided and paid to his three
children.?.
Letters of administration have not yet been granted to the next of kin of the deceased, intestate person.

Any help appreciated.

[Rollo]

If the person who would inherit under the intestacy rules is alive when the deceased dies, then that person's estate would be the beneficiary.

[jayhenbro]

Thank you Rollo !

[Lewistone]

Good Morning
Under the Intestacy Rules the brothers and sisters take equally but if any have predeceased leaving children then they tke their parents share equally between them If they are under 18 the share shoud be hed upon trust those over 18 take their share immediately
Lewistone

[Rollo]

Lewistone.

But in this case the sibling concerned did not pre-decease the person dieing intestate.

So whilst what you say is correct, it is not relevant here.

[jayhenbro]

What work in administration, if any, can be done in the estate of one who died intestate, without letter of administration having been granted ?.

[Barmaid]

The difficulty with intestacy is that the administrator has no authority (unlike an executor, the authority is conferred by the Will and confirmed by the Probate Registry) to act until the Grant has issued because his authority is conferred by the Grant.

An administrator can try and secure the property and assets, but until he has the Grant cannot force anyone to do anything. The best he can do is write to the asset holders and explain that he is taking a Grant and will need values etc, but that is about it.

[jayhenbro]

Thank you Barmaid !. Nice to know you are still around.!
A potential administrator made application for letters of administration in the estate of her deceased sister, but the application was declined because there is a caveat thereon.
Nevertheless she has instructed a Solicitor to act, and this Solicitor has had a valuation done on the deceased property,
and has applied the relevant share to the estate of a brother,
who died 30 days later than the deceased sister referred to.
This is in figures only,
Is this permissible without probate being granted.?.

[dzug]

Yes it's permissible - in fact it's necessary.

To get Letters of Administration or Probate you have to value the estate.

You won't be granted them unless you have valued the estate reasonably accurately.

[jayhenbro]

dzug ! Thank you for your answer