Q&As

The deceased died intestate and left no spouse, children, father or mother. The estate is therefore held primarily for the siblings. The deceased had three brothers—X, Y and Z. The three brothers all predeceased the deceased, X and Y had children that survived the deceased and Z had children that predeceased the deceased, but Z’s children left children of their own. Would X’s children, Y’s children and Z grandchildren benefit following the per stirpes rule?

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Published on LexisPSL on 08/04/2021

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • The deceased died intestate and left no spouse, children, father or mother. The estate is therefore held primarily for the siblings. The deceased had three brothers—X, Y and Z. The three brothers all predeceased the deceased, X and Y had children that survived the deceased and Z had children that predeceased the deceased, but Z’s children left children of their own. Would X’s children, Y’s children and Z grandchildren benefit following the per stirpes rule?

The deceased died intestate and left no spouse, children, father or mother. The estate is therefore held primarily for the siblings. The deceased had three brothers—X, Y and Z. The three brothers all predeceased the deceased, X and Y had children that survived the deceased and Z had children that predeceased the deceased, but Z’s children left children of their own. Would X’s children, Y’s children and Z grandchildren benefit following the per stirpes rule?

Section 46(1)(v) of the Administration of Estates Act 1925 (AEA 1925) sets out the persons entitled to an intestate's estate where the intestate leaves no spouse or civil partner, no issue and no

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