If a Will provides “UPON trust for such of my grandchildren X and Y as survive me and if more than one in equal shares” and X disclaims his entitlement (we are outside of the 2 year anniversary in which to do a DoV), does the estate now pass to Y, or would is pass under the rules of intestacy (the deceased is survived by a daughter).
Should it be of relevance, the daughter was entitled to a life interest under the Will but she disclaimed her entitlement under the life interest with the intention of passing everything to X and Y, but now circumstances have changed.
Many thanks.
Martyn Dixon
Harold Bell Infields & Co