I11Disclaimer or forfeiture on intestacy

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.