Search Legislation

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

E+W

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011

2011 CHAPTER 7

An Act to amend the law relating to the distribution of the estates of deceased persons; and for connected purposes.

[12th July 2011]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1Disclaimer or forfeiture on intestacyE+W

(1)Part 4 of the Administration of Estates Act 1925 (distribution of residuary estate) is amended as follows.

(2)After section 46 (succession to real and personal estate on intestacy) insert—

46ADisclaimer or forfeiture on intestacy

(1)This section applies where a person—

(a)is entitled in accordance with section 46 to an interest in the residuary estate of an intestate but disclaims it, or

(b)would have been so entitled had the person not been precluded by the forfeiture rule from acquiring it.

(2)The person is to be treated for the purposes of this Part as having died immediately before the intestate.

(3)But in a case within subsection (1)(b), subsection (2) does not affect the power conferred by section 2 of the Forfeiture Act 1982 (power of court to modify the forfeiture rule).

(4)In this section “forfeiture rule” has the same meaning as in the Forfeiture Act 1982..

(3)In section 47(1)(i) (provision that no issue with a parent alive at the intestate's death may inherit) after “and so that” insert “(subject to section 46A)”.

(4)After section 47(4) insert—

(4A)Subsections (2) and (4) are subject to section 46A..

Commencement Information

I1S. 1 in force at 1.2.2012 by S.I. 2011/2913, art. 2

2Disclaimer or forfeiture of a gift under a willE+W

(1)The Wills Act 1837 is amended as follows.

(2)After section 33 insert—

33ADisclaimer or forfeiture of gift

(1)This section applies where a will contains a devise or bequest to a person who—

(a)disclaims it, or

(b)has been precluded by the forfeiture rule from acquiring it.

(2)The person is, unless a contrary intention appears by the will, to be treated for the purposes of this Act as having died immediately before the testator.

(3)But in a case within subsection (1)(b), subsection (2) does not affect the power conferred by section 2 of the Forfeiture Act 1982 (power of court to modify the forfeiture rule).

(4)In this section “forfeiture rule” has the same meaning as in the Forfeiture Act 1982..

(3)In section 33(3) (provision that no issue with a parent alive at the testator's death may inherit) after “and so that” insert “(subject to section 33A)”.

Commencement Information

I2S. 2 in force at 1.2.2012 by S.I. 2011/2913, art. 2

3Death of a single parent under 18E+W

In section 47 of the Administration of Estates Act 1925 (statutory trusts in favour of issue and other classes of relatives of intestate) after subsection (4A) insert—

(4B)Subsections (4C) and (4D) apply if a beneficiary under the statutory trusts—

(a)fails to attain an absolutely vested interest because the beneficiary dies without having reached 18 and without having married or formed a civil partnership, and

(b)dies leaving issue.

(4C)The beneficiary is to be treated for the purposes of this Part as having died immediately before the intestate.

(4D)The residuary estate (together with the income from it and any statutory accumulations of income from it) or so much of it as has not been paid or applied under a power affecting it is to devolve accordingly..

Commencement Information

I3S. 3 in force at 1.2.2012 by S.I. 2011/2913, art. 2

4Short title, commencement, application and extentE+W

(1)This Act may be cited as the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011.

(2)This Act (apart from this section) comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3)But the order may not provide for this Act to come into force before the end of three months beginning with the day on which it is passed.

(4)This Act does not apply in the case of a death that occurs before the commencement of sections 1, 2 and 3 of this Act.

(5)This Act extends to England and Wales only.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources