Areas of Law / Wills and Probate

My nephew died without making a will. He wasn’t married and had no children, so his estate went to his widowed mother (my sister). Unfortunately she also died before letters of administration had been applied for. Will my nephew’s estate be added to his mother’s estate?

Yes. Of course if she also died intestate and your parents are no longer alive you could be next in line. When married couples make wills, there’s generally a provision that one spouse must survive the other by 28 days in order to benefit from its terms; this provision has now been included in legislation for couples who die without making wills under the Administration of Estates Act 1996 but it only applies between spouses, and not between parents and children.

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