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

2011 c. 7

An Act to amend the law relating to the distribution of the estates of deceased persons; and for connected purposes.

Enacted[12th July 2011]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

^I21 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—

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—

^I12 Disclaimer or forfeiture of a gift under a will¶

1 The Wills Act 1837 is amended as follows.

2 After section 33 insert—

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)”.

^I33 Death of a single parent under 18¶

In section 47 of the Administration of Estates Act 1925 (statutory trusts in favour of issue and other classes of relatives of intestate) after subsection (4A) insert—

4 Short title, commencement, application and extent¶

1 This Act may be cited as the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011.

2 This Act (apart from this section) comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

3 But the order may not provide for this Act to come into force before the end of three months beginning with the day on which it is passed.

4 This Act does not apply in the case of a death that occurs before the commencement of sections 1, 2 and 3 of this Act.

5 This Act extends to England and Wales only.

Footnotes

I1
S. 2 in force at 1.2.2012 by S.I. 2011/2913, art. 2
I2
S. 1 in force at 1.2.2012 by S.I. 2011/2913, art. 2
I3
S. 3 in force at 1.2.2012 by S.I. 2011/2913, art. 2