Inheritance ??

[stevie m]

Hi,

My Mother has been contacted by letter from a bona-fide "Heir Hunter" company stating that one of her cousins died leaving an estate and she may be a beneficiary, she is one of 3 remaining cousins still surviving. My query is how is the money divided should she be eligible, she believes that her bother and sister(both deceased)still have a claim via their children, her nephews and nieces. Is this the case, as I believe it just goes to the surviving cousins. Can someone give me a definitive answer thanks

[Neveracrossword]

It depends, surely, on the wording of the will? In some cases, it will say it is to go to the remaining cousins, in other cases it will say it is to go to the remaining cousins and the children of the deceased cousins. In the latter, they normally share the amount left to their parent. That's what happened in my family - a brother got £10000, a sister got £10000 and the three children of a deceased brother got £3333 each.

[leolash]

http://www.bonavacantia.gov.uk/output/Referring-Estates-To-The-Treasury-Solicitor.aspx. Look at the family tree to determine entitled relatives. She can make a claim herself and save the fee that the company will charge.

[factor-fiction]

The link doesn't work, leolash. The address looks a little off odd.
Yes, it depends whether there is a will. If not, it follows the path set out in the intestacy laws

[stevie m]

There is no will hence the Heir-Hunters, on the family tree there are 3 surviving cousins nothing nearer like brothers, sisters etc

[Peter Pedant]

..

You have to follow the intestacy rules - since (I thought it was pretty obvious) there was no will. The lucky winner is the nearest relation.
For the cousins - divided equally and if one cousin is dead then that share goes to the dead cousins children in equal parts.

there isnt any discretion - the money follows the rules.

and make sure you yourself leave a will !

intestacy rules are here
http://www.hmrc.gov.uk/cto/customerguide/page14-1.htm

(link checked)

and here

http://www.tollers.co.uk/system/docs/178/original/Rules%20of%20Intestacy%20Flowchart.pdf

link checked

so you can work it out for yourself

[Peter Pedant]

re read your post

Your mother is right as you will see from the refs I have given
first answer is how it is divided (per stirpes)

[atalanta]

When my father's cousin died, 8 other cousins appeared out of the woodwork. All the estate was divided equally among the 9 cousins. Where any cousin had died, that cousin's share went to the sons/daughters of that cousin. Nobody else got anything.

[stevie m]

Thanks everyone, I just needed some clarification