Succession Act 1965 section 72A

Distribution of disclaimed estate

Section 72A sets out how an intestate estate (or part of it) is to be distributed when a person who would have been entitled to inherit disclaims (gives up) their entitlement.

• When a person entitled to a share of an intestate estate disclaims that share, the disclaimed portion must be redistributed under the intestacy rules.
• For the purposes of redistribution, the person who disclaimed is treated as if they had died immediately before the intestate person died.
• If the person disclaiming is not the spouse, civil partner, or a direct lineal ancestor (parent, grandparent, etc.) of the deceased, they are also treated as if they had died without leaving any children or other descendants.
• This provision does not apply to disclaimers made under section 73 of the Act, which deals with the State as ultimate intestate successor.

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