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Lindsay
13-10-12, 17:43
Does anyone know the answer.....?

Mr A made a Will leaving everything to his wife, who was also his executrix. When he died 20 years later his wife had predeceased him so his brother was sworn to administer the estate as next of kin.

Does that mean that his brother inherited everything? As he was next of kin, does that mean Mr A had no surviving children?

Thanks!
kiterunner
13-10-12, 17:52
The fact that he administered the estate doesn't necessarily mean that he inherited everything but yes, if he was next of kin there were no surviving children.
Lindsay
13-10-12, 18:03
Ah, right, so would the estate be divided among the immediate family like other brothers and sisters if there were any?
kiterunner
13-10-12, 18:06
Yes - see the "Other close relatives" section on here:

http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of _intestacy.htm
Olde Crone
13-10-12, 18:10
Erm, surely his wife still inherited everything, even though she was dead?

OC
Lindsay
13-10-12, 18:10
As far as I could make out, if you die before the person making the Will your share goes back into the pot, as it were, unless the testator said otherwise in the Will.

But what do I know lol!
Lindsay
13-10-12, 18:16
Yep, I think that's what this means (first paragraph)

http://www.stepjournal.org/journal_archive/2011/step_journal_feb_2011/the_doctrine_of_lapse.aspx
Olde Crone
13-10-12, 18:22
Yes, I suppose it depends what the Will actually said.

(I wonder why he didn't make another Will when his wife died?).

OC
Lindsay
13-10-12, 18:30
Good question - I can't find her death, but this is 1700s London and so many on my tree seem to disappear into the ether rather than being tidily buried.

Perhaps with no children he wasn't bothered what happened?
Uncle John
16-10-12, 15:52
If it's 1700s London, the rules on intestacy might be completeley different. Though "all back in the pot" is the most likely first stage. A dead person can't inherit!
Lindsay
16-10-12, 17:13
If it's 1700s London, the rules on intestacy might be completeley different.

Nooo, don't say that, uncle John, I thought I was just getting it straight in my mind!