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Disclaiming a Gift

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Full 1

Disclaiming a Gift

Sometimes a beneficiary does not wish to receive a gift from a deceased person’s estate.  This may be because it will impact his or her entitlement to receive a pension, or it may simply not be required.

A beneficiary cannot be forced to receive a gift, and the act of refusing to accept the gift is called disclaiming the gift.

A disclaimer of a gift must be unequivocal and for the whole of the gift.  A beneficiary cannot disclaim part of a gift.

It is best to record the refusal of the gift in a formal document which is sometimes called a Deed of Disclaimer.

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