(This is my first Reddit post! Yay!) I am an author and the novel I'm currently writing takes place in England during WWII. Pertinent details are: it's 1940. The character in question is a 21-year-old (orphaned) Earl with no children, and only a 10-year-old little sister. If he was killed in action, would the property to his family's estate (and of course the title) go to an uncle (his late father's younger brother) or, by this point in history, would the title go to the uncle and the property go to the little sister? Could he have at least had it written in a will that he wanted the property to go to his sister? Or could an entailment potentially still be enforced, ensuring that the title and the property both go to the uncle?
I've scoured the depths of the internet trying to get a clear understanding of what would have happened in these circumstances during this time period, and while I've found a lot of information on the 19th century and earlier, there's not a lot for the 20th century. I'm aware that the Administration of Estates Act of 1925 changed a lot of things as far as inheritances go for women, but I'm still unsure of the realistic legalities of this, especially since she would be underage as well.
I hope this makes sense! Any information would be so very much appreciated!! If I can provide any more details about the characters to help you give a more definitive answer, please let me know! Thanks in advance!
I'm a law student not a historian. As far as I understand, this would be the legal position. DISCLAIMER: Nothing in this response constitutes legal advice and the I take no responsibility for any action taken in reliance of it.
A minor cannot hold a legal estate. They can be entitled to the beneficial title (i.e. the right to live there and inherit an estate in a will, they take their money in the form of a trust, which is controlled by their trustee(s)). Basically this means that their name would not be on the property but they would be entitled to the money from the inheritance to live on until they turned 18 and the whole amount when they turned 18. ^1
I can't say for titles and I'm sure someone more into history can tell you that. In general the priority for inheritance is as follows, it's spouse, issue, parents, full siblings, half siblings, grandparents, full aunts&uncles by blood, half aunts& uncles by blood. This also includes cousins as they are descendants of grandparents and aunts and uncles.^2 As far as I am aware, most titles don't go beyond full siblings except say the major Duchies or the Crown.
Basically, the sister would inherit all of his property unless there was another provision in the will. The court would likely appoint a trustee (likely someone from Couttes Bank) to manage the money and make provision for her until she turned 18, and likely a few years beyond that at this point in history. I think the title would go to the uncle but I honestly don't know.