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.