Intestacy for Non-Muslims: Unmarried aunt died and surviving her are only nephews

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asked on May 6, 2015 at 06:04
edited on Apr 8, 2016 at 14:16
My grandparents and father died before my unmarried aunt passed away. My aunt has no other relatives, no uncles, aunts, grandparents. Will I and my brother as nephews and only remaining relatives inherit her property? Someone told us that we do not and it will go to the government. Is that true?
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answered on Jul 2, 2015 at 08:29
edited Apr 8, 2016 at 14:18
To my understanding, if a person dies without a will, his estate will go 1/3 to spouse and 2/3 among children. 100% to spouse if no children. 100% among children of the deceased if no spouse survived after the deceased's death. Not married, then among parents of the deceased, if no parents, it goes brothers and sisters (uncle/aunt), then nephews/nieces ... down to the last descendants. If no descendants alive, then the estate goes to the government.

One thing for sure, you need to file intestate probate with the High Court to become administrator(s) of the estate to gather all properties, documents etc for a final approval to dissolve the estate.

Best to get legal advice.
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answered on Apr 3, 2016 at 21:49
Wrong. It will go to descendants 
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