Section 46A Disclaimer or forfeiture on intestacyF1

(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.

Annotations

Textual amendments

F1: S. 46A inserted (1.2.2012) by Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (c. 7), ss. 1(2), 4(2) (with s. 4(4)); S.I. 2011/2913, art. 2

Notes on Part IV

Modifications

C1: Pt. IV amended by Family Law Reform Act 1969 (c. 46), s. 14(3)
C2: Pt. IV (ss. 45–52) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 18(1)(2)(4)