CG31470 | Death and Personal Representatives: Variation of the devolution of an estate: Deeds of disclaimer: Variations: estate: disclaimers: limited interests disclaimed

If under the terms of a will a person would have received a limited interest, such as a life interest, a disclaimer by that person will result in the interests of other persons having successive interests being accelerated but any contingency must be fulfilled, for example a requirement that the person taking the interest is alive at the death of the person making the disclaimer.

Example

A will leaves a life interest in residue to the deceased’s widow, W, and appoints the deceased’s two children, A and B, as remaindermen of the trust. If W disclaims her interest, then A and B each become entitled to a one half absolute interest in residue.