[§526-12]  Delivery or filing.  (a)  In
this section, "beneficiary designation" means an instrument, other
than an instrument creating a trust, naming the beneficiary of:



(1)  An annuity or insurance policy;



(2)  An account with a designation for payment on
death;



(3)  A security registered in beneficiary form;



(4)  A pension, profit-sharing, retirement, or other
employment-related benefit plan; or



(5)  Any other nonprobate transfer at death.



(b)  Subject to subsections (c) through (l),
delivery of a disclaimer may be effected by personal delivery, first-class
mail, or any other method likely to result in its receipt.



(c)  In the case of an interest created under
the law of intestate succession or an interest created by will, other than an
interest in a testamentary trust:



(1)  A disclaimer must be delivered to the personal
representative of the decedent's estate; or



(2)  If no personal representative is then serving, it
must be filed with a court having jurisdiction to appoint the personal
representative.



(d)  In the case of an interest in a
testamentary trust:



(1)  A disclaimer must be delivered to the trustee
then serving, or if no trustee is then serving, to the personal representative
of the decedent's estate; or



(2)  If no personal representative is then serving, it
must be filed with a court having jurisdiction to enforce the trust.



(e)  In the case of an interest in an inter
vivos trust:



(1)  A disclaimer must be delivered to the trustee
then serving;



(2)  If no trustee is then serving, it must be filed
with a court having jurisdiction to enforce the trust; or



(3)  If the disclaimer is made before the time the
instrument creating the trust becomes irrevocable, it must be delivered to the
settlor of a revocable trust or the transferor of the interest.



(f)  In the case of an interest created by a
beneficiary designation made before the time the designation becomes
irrevocable, a disclaimer must be delivered to the person making the
beneficiary designation.



(g)  In the case of an interest created by a
beneficiary designation made after the time the designation becomes
irrevocable, a disclaimer must be delivered to the person obligated to
distribute the interest.



(h)  In the case of a disclaimer by a surviving
holder of jointly held property, the disclaimer must be delivered to the person
to whom the disclaimed interest passes.



(i)  In the case of a disclaimer by an object
or taker in default of exercise of a power of appointment at any time after the
power was created:



(1)  The disclaimer must be delivered to the holder of
the power or to the fiduciary acting under the instrument that created the
power; or



(2)  If no fiduciary is then serving, it must be filed
with a court having authority to appoint the fiduciary.



(j)  In the case of a disclaimer by an
appointee of a nonfiduciary power of appointment:



(1)  The disclaimer must be delivered to the holder,
the personal representative of the holder's estate or to the fiduciary under
the instrument that created the power; or



(2)  If no fiduciary is then serving, it must be filed
with a court having authority to appoint the fiduciary.



(k)  In the case of a disclaimer by a fiduciary
of a power over a trust or estate, the disclaimer must be delivered as provided
in subsection (c), (d), or (e), as if the power disclaimed were an interest in
property.



(l)  In the case of a disclaimer of a power by
an agent, the disclaimer must be delivered to the principal or the principal's
representative. [L 2000, c 43, pt of §1]