»Ê¹ÚÌåÓýapp

In general law, a beneficiary has the right to

• renounce a gift made to them under a will,
• disclaim their interest under an intestacy.

A beneficiary may disclaim by written disclaimer or by conduct. »Ê¹ÚÌåÓýapp disclaimer must apply to the whole of the benefit.  »Ê¹ÚÌåÓýapp beneficiary must not have received any benefit from the property being disclaimed, although they may accept one gift in a will and disclaim another.

A disclaimer must be unconditional and the beneficiary cannot redirect the interest that is being disclaimed.  »Ê¹ÚÌåÓýapp disclaimed benefit falls back into residue and follows the devolution of the estate accordingly.

A beneficiary who has disclaimed an interest under a will may subsequently retract their disclaimer provided no-one has altered their position in reliance on the disclaimer.

Example 1

If Alan is left a pecuniary legacy of £70,000 he must disclaim the whole amount and cannot purport to disclaim, say, £10,000 of it.

Example 2

If Alan received a pecuniary legacy of £20,000, and under a separate clause, a one third share of the residue, he could effectively disclaim the £20,000 without giving up the residuary bequest, (or vice versa).

Example 3

Alan is entitled to a one-third share in the residuary estate.  He receives £500 on account. If he accepts this sum he cannot then disclaim his share in the residuary estate.