Check what a disclaimer does on an intestacy
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the disclaimer or the note of a disqualification, name the person, the interest they would otherwise take, and whether the file shows they have issue. Leave blank who takes that share. The tool does not prepare the disclaimer.
- What the lawyer must review
- Section 139 says that, for the distribution of an intestate estate, a person is treated as having predeceased the intestate if the person disclaims an interest in the intestate estate to which they would otherwise be entitled, or is disqualified from taking an interest in the intestate estate for any reason. The note to the section says it follows that, if the person has issue, they may be entitled to take the person's presumptive share by representation. The section does not define disqualified, and it does not set out the representation rules. This is not the working schedule of who takes where nobody has disclaimed.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Use this section only for an intestate estate, and only for a disclaimer or a disqualification.
- Treat the person as having predeceased the intestate. Do not leave the share with them.
- If the person has issue, the note records that they may take by representation. The representation rules were not opened.
- Do not rebuild the whole intestacy schedule on this note.
Sources
- Succession Act 2006 (NSW) section 139 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.