40Effect of disclaimer, &c.

40 Effect of disclaimer, &c.

For the purposes of the distribution of an intestate estate, a person will be treated as having predeceased the intestate if the person –

(a) disclaims an interest, to which he or she would otherwise be entitled, in the intestate estate; or

(b) is disqualified from taking an interest in the intestate estate for any reason.

| Note: It follows that, if the person has issue, the issue may be entitled to take the person's presumptive share of the intestate estate by representation. |