Just in Case Law
Just in Case Law
Tanya Chapman
SUCCESSION: Disclaiming an inheritance
18 minutes Posted Apr 27, 2026 at 9:52 pm.
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CASE: In the estate of Giuseppe Pellegrino (deceased) [2025] ACTSC 421

So many questions in this case.

Can you disclaim an inheritance left to you in a Will? Yes.

Does the disclaimer have to be in writing? No.

If you refuse to respond to letters and email, and send back the inheritance cheque, does that constitute disclaiming your inheritance? In this case, yes.

If a person disclaims their inheritance, who does their share of the estate go to? ... that's a little tricky. Listen to the episode to find out.