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

1 Disclaimer 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—

“46A Disclaimer 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.”.