Abstract
In Chapter 13 it was seen that, although a testator has the power to dispose of all his or her property by will to whoever they wish, after the testator’s death the terms of the will (or the rules of intestacy) can be varied by a court under the Inheritance (Provision for Family and Dependants) Act 1975 in order to make financial provision for certain categories of persons. Likewise it is also true that although a testator can dispose of property by will to whomever he wishes, the beneficiary cannot be compelled to accept the gift. This is also true of entitlement to gifts on death by virtue of the operation of the rules of intestacy. A beneficiary not wishing to accept a gift, for one reason or another, may either disclaim the gift or effect a variation to the will or the operation of the rules of intestacy. This chapter explores the reasons why a beneficiary may not wish to accept their gift under a will or on intestacy, and then proceeds to distinguish between variations and disclaimers and the consequences of each.
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© 1997 Catherine Rendell
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Rendell, C. (1997). Disclaimers and Variations. In: Law of Succession. Macmillan Law Masters. Palgrave, London. https://doi.org/10.1007/978-1-349-13510-3_14
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DOI: https://doi.org/10.1007/978-1-349-13510-3_14
Publisher Name: Palgrave, London
Print ISBN: 978-0-333-61735-9
Online ISBN: 978-1-349-13510-3
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