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

Current Stage: Royal Assent

Last updated: 20/10/2011

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Overview

This bill, the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill, modifies inheritance laws in England and Wales. Primarily, it addresses situations where an heir disclaims or forfeits their inheritance, and clarifies inheritance for children of deceased single parents under 18.

Description

The bill amends the Administration of Estates Act 1925 and the Wills Act 1837. Key changes include:

Disclaimer or Forfeiture:

If someone disclaims an inheritance (intestacy or will) or is barred by the forfeiture rule (e.g., killing the deceased), they are treated as if they died before the deceased. This ensures a smoother transition of the inheritance to other beneficiaries. The court retains the power to modify the forfeiture rule in appropriate circumstances.

Single Parent's Child Death Under 18:

If a single parent dies leaving a child under 18 who also dies before reaching 18 without marrying or entering a civil partnership but leaves their own children, those grandchildren will inherit.

Government Spending

The bill is not expected to significantly affect UK government spending. No specific figures are provided in the text.

Groups Affected

Groups potentially affected include:

  • Heirs who disclaim or forfeit inheritances: Their actions will affect how the inheritance is distributed.
  • Beneficiaries in intestacy cases: The order of inheritance will be altered in some specific instances.
  • Beneficiaries under wills: The distribution of assets might change based on disclaimers or forfeitures.
  • Children of deceased single parents under 18: Their inheritance rights are clarified in the case of their own early death.
  • Grandchildren of deceased single parents: Inheritance rights are explicitly given in the case of their parent’s death before reaching age 18.
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