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Amend
the law relating to the distribution of the estates of deceased
persons; |
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and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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1 |
Disclaimer
or forfeiture on intestacy |
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(1) |
Part 4 of the Administration
of Estates Act 1925 (distribution of residuary |
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estate) is amended as follows. |
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(2) |
After section 46 (succession
to real and personal estate on intestacy) insert— |
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“46A |
Disclaimer
or forfeiture on intestacy |
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(1) |
This section applies where
a person— |
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(a) |
is entitled in accordance
with section 46 to an interest in the |
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residuary
estate of an intestate but disclaims it, or |
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(b) |
would have been so entitled
had the person not been precluded |
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by
the forfeiture rule from acquiring it. |
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(2) |
The person is to be treated
for the purposes of this Part as having died |
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immediately
before the intestate. |
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(3) |
But in a case within
subsection (1)(b), subsection (2) does not affect the |
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power
conferred by section 2 of the Forfeiture Act 1982 (power of
court |
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to
modify the forfeiture rule). |
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(4) |
In this section “forfeiture
rule” has the same meaning as in the |
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(3) |
In section 47(1)(i) (provision
that no issue with a parent alive at the intestate’s |
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death may inherit) after
“and so that” insert “(subject to section
46A)”. |
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(4) |
After section 47(4) insert— |
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“(4A) |
Subsections (2) and (4)
are subject to section 46A.”. |
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2 |
Disclaimer
or forfeiture of a gift under a will |
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(1) |
The Wills Act 1837 is amended
as follows. |
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(2) |
After section 33 insert— |
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“33A |
Disclaimer
or forfeiture of gift |
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(1) |
This section applies
where a will contains a devise or bequest to a |
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5 |
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(b) |
has been precluded by the
forfeiture rule from acquiring it. |
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(2) |
The person is, unless
a contrary intention appears by the will, to be |
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treated
for the purposes of this Act as having died immediately before
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(3) |
But in a case within
subsection (1)(b), subsection (2) does not affect the |
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power
conferred by section 2 of the Forfeiture Act 1982 (power of
court |
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to
modify the forfeiture rule). |
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(4) |
In this section “forfeiture
rule” has the same meaning as in the |
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(3) |
In section 33(3) (provision
that no issue with a parent alive at the testator’s |
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death may inherit) after
“and so that” insert “(subject to section
33A)”. |
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3 |
Death
of a single parent under 18 |
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In section 47 of the Administration
of Estates Act 1925 (statutory trusts in |
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favour of issue and other
classes of relatives of intestate) after subsection (4A) |
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“(4B) |
Subsections (4C) and
(4D) apply if a beneficiary under the statutory |
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(a) |
fails to attain an absolutely
vested interest because the |
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beneficiary
dies without having reached 18 and without having |
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married
or formed a civil partnership, and |
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(4C) |
The beneficiary is to
be treated for the purposes of this Part as having |
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died
immediately before the intestate. |
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(4D) |
The residuary estate
(together with the income from it and any |
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statutory
accumulations of income from it) or so much of it as has not
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been
paid or applied under a power affecting it is to devolve |
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4 |
Short
title, commencement, application and extent |
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(1) |
This Act may be cited
as the Estates of Deceased Persons (Forfeiture Rule and |
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Law of Succession) Act
2011. |
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(2) |
This Act (apart from this
section) comes into force on such day as the Secretary |
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of State may by order made
by statutory instrument appoint. |
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(3) |
But the order may not
provide for this Act to come into force before the end of |
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three months beginning
with the day on which it is passed. |
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