Areas of Law / Wills and Probate

My uncle died six months ago, leaving everything to my father. However my father died before my uncle, as did all his other brothers and sisters. I’m told that intestacy rules say our cousin will get half of the residue and my sister and I will get a quarter each. Is that correct?

Since your father is no longer alive the gift fails and your uncle’s estate will be distributed under intestacy rules. I take it your cousin isn’t the child of this particular uncle (or he or she would have received the whole lot). If he or she is an only child and the three of you are the only children (or grandchildren) of all the brothers and sisters your uncle’s estate will be divided as you suggest.

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