The England and Wales High Court (EWHC) has ruled that a legacy ‘fails’ if the recipient disclaims it, determining how the disclaimed share should be distributed, as reported by STEP.
The case arose following the death of Elfed Williams in June 2023. His will left fixed pecuniary legacies and divided the residue of his £394,000 estate equally among six individuals, including his estranged son (the defendant). The defendant refused to accept his inheritance and had no children, raising the question of what should happen to his share.
The will contained a clause stating that if any gifts ‘failed’, the corresponding share would be distributed among the remaining beneficiaries. However, since the defendant had not predeceased his father, his share had not ‘failed’ in the conventional sense. The central legal question was whether the term ‘failure’ in the will included a disclaimer. If it did, the share would pass to the remaining five beneficiaries. If not, a partial intestacy would occur, allowing the deceased’s brother, sister, and niece to claim the share under intestacy rules.
The case was examined under the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011, which amended the Wills Act 1837. The amendment states that a person disclaiming a bequest is treated as having died immediately before the testator unless the will indicates otherwise. However, there has been legal uncertainty regarding the scope of this amendment.
Delivering judgment, the EWHC ruled that the term ‘failure’ did encompass a disclaimer.
‘The natural and ordinary meaning of the word “fails” extends to a disclaimer, notwithstanding that it does not take place at the date of death, but at a later stage,’ the court stated. As a result, the substitutionary provisions in the will applied, meaning the defendant’s one-sixth share would be redistributed among the remaining five residuary beneficiaries.
The court’s decision in White v Williams (2025 EWHC 115 Ch) provides important clarification on how disclaimed legacies are treated under wills with substitutionary provisions.
