Entitlements of next of kin

ju_q

Hi. I would appreciate some info on the entitlements of the next of kiin in the event of a person dying intestate. My father's aunt (through marriage, ie his uncle's wife) passed away recently. My father is her named next of kin and she has no blood relatives that we know of - she was orphaned as a child (an only child as far as we know) and she and her husband were unable to have children of their own. My father has been told that he inherits none of her estate, that it all goes to the state, but having read some of the succession act - which granted I found totally confusing - I thought he was entitled to something as her next of kin? Any advice appreciated.
Thanks!

blueythebear

ju_q wrote: »

Hi. I would appreciate some info on the entitlements of the next of kiin in the event of a person dying intestate. My father's aunt (through marriage, ie his uncle's wife) passed away recently. My father is her named next of kin and she has no blood relatives that we know of - she was orphaned as a child (an only child as far as we know) and she and her husband were unable to have children of their own. My father has been told that he inherits none of her estate, that it all goes to the state, but having read some of the succession act - which granted I found totally confusing - I thought he was entitled to something as her next of kin? Any advice appreciated.
Thanks!

In the circumstances, the opinion of a good Probate solicitor would be recommended. However, it should be borne in mind that a blood relationship is required for intestacy situations. Your father does not appear to be related by blood to the deceased. However, there may be another blood relative in existence that you do not know about that may be entitled to inherit.

coylemj

ju_q wrote: »

My father is her named next of kin

Exactly what do you mean by that? You said that she died intestate so there is no will, how did she otherwise declare your father to be her next of kin?

If she died intestate then your father has no entitlement to any of her estate because he is not a blood relative i.e. he and that lady have no common ancestor. If distant cousins are discovered then they may claim the estate (in equal shares among only the closest relations e.g. second cousins split the estate, third cousins get nothing), otherwise it reverts to the state.

As things stand, if there is no will then your father gets nothing.

Milk & Honey

coylemj wrote: »

second cousins split the estate, third cousins get nothing), otherwise it reverts to the state.

As things stand, if there is no will then your father gets nothing.

Where does the restriction on Third cousins come from? There is no mention of it in the Succession Act.



SUCCESSION ACT, 1965
71.—(1) Subject to the rights of representation mentioned in subsection (2) of section 70, the person or persons who, at the date of the death of the intestate, stand nearest in blood relationship to him shall be taken to be his next-of-kin.

(2) Degrees of blood relationship of a direct lineal ancestor shall be computed by counting upwards from the intestate to that ancestor, and degrees of blood relationship of any other relative shall be ascertained by counting upwards from the intestate to the nearest ancestor common to the intestate and that relative, and then downward from that ancestor to the relative; but, where a direct lineal ancestor and any other relative are so ascertained to be within the same degree of blood relationship to the intestate, the other relative shall be preferred to the exclusion of the direct lineal ancestor.

coylemj

Milk & Honey wrote: »

Where does the restriction on Third cousins come from? There is no mention of it in the Succession Act.

I was making the general point that the people who are the closest relatives split the estate so if you had four second cousins and five third cousins, the second cousins would split the estate to the exclusion of everyone else because by subsection (2) above, you'd count six steps to get to a second cousin - three steps from the deceased to the common great-grandparent and three down to the second cousin - and eight to get to a third cousin - four steps from the deceased to the common great-great-grandparent and four down to the third cousin.

It's a bit more complicated if the surviving relatives are closer because you'd potentially be into per stirpes and all that but at the level of second and third cousins the above would apply i.e. the second cousins would split the estate.