2Disclaimer or forfeiture of a gift under a will
(1)
The Wills Act 1837 is amended as follows.
(2)
“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)”.