Succession Act 1965 section 69

Shares of brothers and sisters and their children

Section 69 sets out how an intestate person's estate is distributed among their brothers, sisters, and the children of deceased brothers and sisters, where there is no surviving spouse, civil partner, children, or parent.

• Where the deceased leaves no spouse, civil partner, children, or parent, the estate is divided equally among surviving brothers and sisters.
• If a brother or sister predeceased the intestate but left children, those children collectively inherit the share their parent would have received, provided at least one other brother or sister survived.
• If there are no surviving brothers or sisters at all, the estate is divided equally among all the children of the deceased's brothers and sisters on a per capita basis (i.e. each niece and nephew receives an equal share).
• The distinction between the two scenarios is important: when at least one sibling survives, the children of a deceased sibling share only their parent's portion, but when no sibling survives, all nieces and nephews share equally regardless of which family they belong to.

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