Aunt Has Died Without leaving a will who inherits ?

If your Aunt has died without leaving a will, the first step is always to search for a copy of a will. Typically, we find that the best places to trace a will are :-

• within the deceased personal possessions
• at a bank or with house deeds
• with a solicitor, or will writer

If no will can be traced, then in law you Aunt will have died Intestate, which is the phrase given to someone who has died leaving no will.

The Intestacy Rules Explained

In summary, the intestacy rules list exactly what happens to someones estate when they leave no will. They are contained in the Administration of Estates Act 1925  which over the years has been amended several times. So if your Aunt has died without leaving a will, this is what will happen :-

• Was your Aunt married ? if your Uncle is still alive he would inherit the first £270,000, anything above this the surviving spouse would have an absolute interest in half of the remainder, with the other half divided between the Children of your Aunt
• If a son or daughter (or other child where the deceased had a parental role) has already died, their children will inherit in their place
• If your Aunt wasn’t married, didn’t have any children her estate would pass in equal share to her parents ( if still alive )
• If your Aunts parents are no longer alive, her estate would then be divided equally between her Brothers and Sisters
• If a brother or sister has already died, their children (nieces and nephews of the deceased) inherit in their place.

Anyone one of those entitled may apply for probate, and will be known as the Administrator, who in turn will be issued with what is known as a Grant of letters of administration by the Probate Registry.

Great care should always be obtained when dealing with the intestate estate, if you need some help, please feel free to call Tim Murden on 01482 429985, or e-mail tim.murden@tmsolicitors.co.uk, Tim heads our probate team.