VIC Is Uncle the Only Person Entitled to the Inheritance?

[Mons]

Dear all,

My great uncle died intestate with no children. The only surviving relatives are my uncle and I. My father, who was the oldest nephew of my great uncle, passed away.

I am finding very difficult to understand whether my uncle is the only person entitled to the inheritance, according to the law of Victoria.

Can someone kindly help?

Many thanks

 

[bluetongue]

According to Probate and Administration Act 1958 at 70ZI, " (3) If a sibling of an intestate predeceases the intestate leaving a child who survives the intestate, that child is entitled to the sibling's share and, if there are 2 or more children, in equal shares." In short, if the intestate was your grandparent's brother, then only your uncle has an entitlement. It may be worthwhile to contact a solicitor to determine if there is case law relating to the benefit of a grandchild of a deceased sibling.

 

[Mons]

According to Probate and Administration Act 1958 at 70ZI, " (3) If a sibling of an intestate predeceases the intestate leaving a child who survives the intestate, that child is entitled to the sibling's share and, if there are 2 or more children, in equal shares." In short, if the intestate was your grandparent's brother, then only your uncle has an entitlement. It may be worthwhile to contact a solicitor to determine if there is case law relating to the benefit of a grandchild of a deceased sibling.

Thank you very much for your help. I am quite disappointed as I somehow thought things would be different, but I guess there's nothing I can do.

All the best