Intestate rules

ninty

my uncle has died intestate and is survived by one sister,the rest of his brothers and sisters having died.he had four nephews ,two of which are the surviving sisters.What is the inheritance position

coylemj

ninty wrote: »

my uncle has died intestate and is survived by one sister,the rest of his brothers and sisters having died.he had four nephews ,two of which are the surviving sisters.

Can you clarify this piece please... he had four nephews ,two of which are the surviving sisters. You only mentioned one surviving sister???

Once there is at least one surviving sibling of the deceased, the rule is that the estate is divided by a method known as per stirpes which is described in the Succession Act 1965 ....


69.—(1) If an intestate dies leaving neither spouse nor issue nor parent, his estate shall be distributed between his brothers and sisters in equal shares, and, if any brother or sister does not survive the intestate, the surviving children of the deceased brother or sister shall, where any other brother or sister of the deceased survives him, take in equal shares the share that their parent would have taken if he or she had survived the intestate.

http://www.irishstatutebook.ie/eli/1965/act/27/section/69/enacted/en/html#sec69

ninty

Sorry should have put in the apostrophe,one sister with two children.This is where i am confused does that mean that the children(nephews of deceased) of the surviving sister receive nothing.

coylemj

ninty wrote: »

Sorry should have put in the apostrophe,one sister with two children.This is where i am confused does that mean that the children(nephews of deceased) of the surviving sister receive nothing.

Yes it does. What the other two nephews get depends on whether they themselves are siblings or first cousins.

If they are siblings then the estate will be divided in two, the surviving sister will get one half and those two nephews will share the other half i.e. they will get 1/4 each.

If they are first cousins (i.e. each is the only child of a deceased sibling) then the estate will be divided three ways, the surviving sister will get one-third and the two nephews will get one-third each.

In both cases the children of the surviving sibling get nothing. If she had predeceased your uncle, the four nephews would split the estate equally, the per stirpes distribution only applies when there is a mix of at least one surviving sibling and the children of deceased siblings.

ninty

coylemj wrote: »

Yes it does. What the other two nephews get depends on whether they themselves are siblings or first cousins.

If they are siblings then the estate will be divided in two, the surviving sister will get one half and those two nephews will share the other half i.e. they will get 1/4 each.

If they are first cousins (i.e. each is the only child of a deceased sibling) then the estate will be divided three ways, the surviving sister will get one-third and the two nephews will get one-third each.

In both cases the children of the surviving sibling get nothing. If she had predeceased your uncle, the four nephews would split the estate equally, the per stirpes distribution only applies when there is a mix of at least one surviving sibling and the children of deceased siblings.

Many thanks for your quick reply