Part IV Distribution of Residuary Estate C1C2
Annotations:
Modifications etc. (not altering text)
C2
Pt. IV (ss. 45–52) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 18(1)(2)(4)
46AF1Disclaimer or forfeiture on intestacy
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.
Pt. IV amended by Family Law Reform Act 1969 (c. 46), s. 14(3)