Disclaimers in favour of third parties

27 December 2019


I come across disclaimers quite lot in practice. The normal effect of a disclaimer is that the disclaimed asset goes into the residue or is shared on intestacy. You cannot normally disclaimer in favour of another person, but if you do, then the disclaimer made in favour of another person is treated as a gift to that person. It is likely that these types of disclaimers would also attract stamp duty. So, while useful, disclaimers may not work in all cases.