Q&As

On an intestacy, the estate falls to be divided between the aunts and uncles of the deceased. Where the aunts and uncles have predeceased the intestate leaving children (cousins of the intestate), does the share of a predeceased cousin pass to their issue or does it fall to be divided between the surviving cousins?

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Published on: 09 January 2018
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Practice Note: Intestacy—summary, the Entitlement on intestacy—flowchart and sections 46 and 47 of the Administration of Estates Act 1925 (AEA 1925) may be useful for your purposes.

From AEA 1925, s 46(1)(v) it can be seen that where

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