Do Aunts and Uncles Inherit on Intestacy in England and Wales?
Aunts and uncles are 7th (whole blood) and 8th (half blood) in the s46 AEA 1925 statutory order — they only inherit if there is no surviving spouse, children, parents, siblings, or grandparents. First cousins inherit only if their parent predeceased the intestate.
The s46 Intestacy Order
Spouse / civil partner
Statutory legacy + share of remainder
Children (and their descendants)
Per stirpes if predeceased
Parents
Equally if both survive
Siblings of the whole blood
Per stirpes if predeceased
Siblings of the half blood
After whole blood exhausted
Grandparents
Equally between all who survive
Aunts/uncles — whole blood
Per stirpes if predeceased (first cousins)
Aunts/uncles — half blood
Per stirpes if predeceased
Crown (bona vacantia)
If no relative at any step
Frequently Asked Questions
Do aunts and uncles inherit if someone dies without a will in England and Wales?
Aunts and uncles can inherit on intestacy, but only if there are no surviving relatives who rank higher in the statutory order. Under s46 Administration of Estates Act 1925, the full order is: (1) spouse/civil partner; (2) children (and their descendants); (3) parents; (4) siblings of the whole blood (and their children per stirpes); (5) siblings of the half blood (and their children per stirpes); (6) grandparents; (7) aunts and uncles of the whole blood (and their children per stirpes); (8) aunts and uncles of the half blood (and their children per stirpes); then the Crown (bona vacantia). Aunts and uncles are therefore 7th (whole blood) and 8th (half blood) in priority. In most estates, there are surviving relatives at an earlier step who inherit everything.
What is the difference between whole blood and half blood aunts and uncles for intestacy?
Whole blood and half blood refer to whether the aunt or uncle shares both parents with the deceased's parent, or only one. A whole blood aunt or uncle is a full sibling of the deceased's parent (same mother and father). A half blood aunt or uncle is a half-sibling of the deceased's parent (same mother or same father, but not both — for example, a parent's sibling from a previous relationship). Under the intestacy rules, whole blood aunts and uncles take priority over half blood aunts and uncles at step 7 and 8 respectively. If there are whole blood aunts and uncles alive, the half blood relatives get nothing.
Do first cousins inherit on intestacy UK?
First cousins (the children of aunts and uncles) can inherit on intestacy, but only if their parent (the aunt or uncle) has already died before the intestate. If the aunt or uncle is still alive, they inherit — not their children. If the aunt or uncle died before the intestate, their share passes to their children by per stirpes (equally between them). There is no separate step in the s46 order for first cousins — they only inherit by stepping into the shoes of a predeceased aunt or uncle. Cousins more distant than first cousins (second cousins and beyond) do not inherit at all under s46 — the estate passes to the Crown as bona vacantia if no closer relative is found.
What happens if the intestate has no relatives at all?
If there are no relatives in any of the categories in s46 AEA 1925, the estate passes to the Crown (or to the Duchy of Lancaster or Duchy of Cornwall where applicable) as bona vacantia — ownerless property. The Crown has a discretionary power to make ex gratia payments to dependants, carers, and others with a moral claim on the estate — applications are made to the Treasury Solicitor (or Bona Vacantia Division). Distant relatives such as second or third cousins do not inherit and would need to make an ex gratia application.
How do the intestacy rules apply to aunts and uncles of a deceased with no siblings?
If the intestate has no surviving spouse or civil partner, no children, no parents, no siblings (and no children of siblings), and no grandparents, then aunts and uncles of the whole blood are next in line. They share the estate equally between them. If some aunts and uncles have died before the intestate, their children (the first cousins) take that share between them by per stirpes. If an aunt or uncle has no surviving children either, their notional share is redistributed equally among the remaining inheriting relatives at the same step. The result is that in a family with, for example, 4 whole blood aunts and uncles — one of whom predeceased leaving 2 children — the estate is divided into 4, with the predeceased aunt/uncle's 1/4 split equally between their 2 children.
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