---
title: "Check what a disclaimer does on an intestacy"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/check-what-a-disclaimer-does-on-an-intestacy"
type: "task"
site: "AI Law Framework"
id: "A17-SF20261022-16"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check what a disclaimer does on an intestacy

> 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.…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/check-what-a-disclaimer-does-on-an-intestacy  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Use this section only for an intestate estate, and only for a disclaimer or a disqualification.
2. Treat the person as having predeceased the intestate. Do not leave the share with them.
3. If the person has issue, the note records that they may take by representation. The representation rules were not opened.
4. Do not rebuild the whole intestacy schedule on this note.

## Notes

- 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.

## Sources

- [Succession Act 2006 (NSW) section 139](https://classic.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s139.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/wills-estates-probate-and-succession/check-what-a-disclaimer-does-on-an-intestacy/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*