Overview

This bill, the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill, modifies the laws governing inheritance in England and Wales. It primarily addresses situations where an heir disclaims an inheritance or is barred from inheriting due to the "forfeiture rule" (typically involving the killing of the deceased) and clarifies inheritance rules for children of deceased single parents under 18.

Description

The bill amends two key Acts: the Administration of Estates Act 1925 and the Wills Act 1837.

Changes to Inheritance

The bill introduces new sections to these Acts. If a person disclaims an inheritance (intestacy or will) or is barred by the forfeiture rule, they will be treated as if they died before the deceased. This allows the estate to pass to other entitled beneficiaries as if that person had never existed. The existing power of the court to modify the forfeiture rule (Forfeiture Act 1982) remains unaffected.

Children of Deceased Single Parents

For children of deceased single parents under 18, the bill clarifies that if such a child dies before reaching 18 without marrying or entering a civil partnership, but leaves issue (children of their own), the child’s share of the estate will pass on to their own children.

Government Spending

The bill is not expected to have a significant direct impact on government spending. No figures are provided in the bill text.

Groups Affected

• Heirs to Estates: Those who stand to inherit under a will or intestacy, particularly those who might disclaim their inheritance or are affected by the forfeiture rule, will be directly impacted.
• Children of deceased single parents under 18: The inheritance rights of these children and their offspring are clarified by the bill.
• Courts: Courts will continue to apply the forfeiture rule but with the clarified implications for distribution of the estate.
• Legal Professionals: Solicitors and other legal professionals will need to be aware of the changes when advising clients on inheritance matters.

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