139Effect of disclaimer etc

139 Effect of disclaimer etc

139 Effect of disclaimer etc

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, they may be entitled to take the person’s presumptive share of the intestate estate by representation.

ch 4, Parts 4.3–4.6 (ss 127–140): Ins 2009 No 29, Sch 1 [4].