My Sibling Has Died: Probate and Intestacy Steps | ProbateHelp

Wills, administration priority, whole- and half-blood intestacy, shared property, debts and support for siblings.

This guide is part of ProbateHelp's First Steps guide cluster. Estimated reading time: 8 min.

Frequently asked questions

Do siblings inherit when there is no will?

Only if the deceased left no surviving spouse or civil partner, descendants or parent. Whole-blood siblings and descendants of a whole-blood sibling who died first take before the half-blood sibling class.

Can a sibling apply for letters of administration?

Potentially, when the sibling class is beneficially entitled and no person in a prior class is applying. A surviving spouse, descendant or parent has prior entitlement.

Do nieces and nephews share with a living sibling?

They normally take by substitution only for their own parent who was the deceased's sibling and died first. They do not replace a living parent or share that living parent's branch.

Can a half-sibling inherit?

Yes, but only after the whole-blood sibling class and descendants of deceased whole-blood siblings have been exhausted. The exact family tree must be documented.

What if my sibling had an unmarried partner?

The partner has no automatic intestacy entitlement, but may own joint assets or have a possible 1975 Act claim. Do not distribute without checking those issues.

Am I entitled to bereavement leave for a sibling?

There is no general statutory bereavement leave specifically for sibling loss in Great Britain. Time off for dependants may cover an emergency, and an employer may offer compassionate leave; check the current policy and facts.

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