Wills, niece and nephew intestacy rights, administration priority, joint assets, debts and support.
This guide is part of ProbateHelp's First Steps guide cluster. Estimated reading time: 8 min.
Only if no earlier intestacy class takes and the niece or nephew represents a sibling of the deceased who died first. A living sibling takes their own share before their children; whole-blood and half-blood sibling classes have different priority.
Potentially, if they are in the class beneficially entitled and no person with prior entitlement is taking the grant. Priority depends on the surviving family and the probate rules, not the informal label next of kin.
No. Executorship gives authority and duties, not a beneficial share. Entitlement comes from the will or intestacy rules.
A cohabiting partner has no automatic intestacy entitlement in England and Wales. They may own joint property or have a possible 1975 Act claim, so obtain advice before distributing.
A valid will can name other beneficiaries. A niece or nephew is not guaranteed a share, although a person maintained by the deceased or treated as a child of the family may need advice about a possible 1975 Act claim.
Sole debts are paid from the estate in the correct order. A relative is not liable merely because of the relationship, but joint borrowing, guarantees and property security must be checked.