The claimant had executed a voluntary disclaimer, under which he renounced all his expectation under a will. The testator was still alive. After her death, the executors relied upon the disclaimer, and the applicant said it was ineffective. He was correct. A disclaimer operates as an avoidance, not as a disposition. In order to be effective there must be some real interest upon which it could bite. An expectancy under a will was not such an asset, and the disclaimer was ineffective. Also, no consideration had been given for the disclaimer, neither could it be treated and enforced as an agreement by the executors.
Citations:
Times 18-Jun-2001, Gazette 12-Jul-2001
Jurisdiction:
England and Wales
Wills and Probate
Updated: 15 May 2022; Ref: scu.89347