Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011
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2 Disclaimer or forfeiture of a gift under a will
(1) The Wills Act 1837 is amended as follows. (2) After section 33 insert— Disclaimer or forfeiture of gift 33A (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)”.
2 Disclaimer or forfeiture of a gift under a will
(1) The Wills Act 1837 is amended as follows. (2) After section 33 insert— Disclaimer or forfeiture of gift 33A (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)”.
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