§526-13 - When disclaimer barred or limited.
[§526-13] When disclaimer barred or
limited. (a) A disclaimer is barred by a written waiver of the right to
disclaim.
(b) A disclaimer of an interest in property is
barred if any of the following events occur before the disclaimer becomes
effective:
(1) The disclaimant accepts the interest sought to be
disclaimed;
(2) The disclaimant voluntarily assigns, conveys,
encumbers, pledges, or transfers the interest sought to be disclaimed or
contracts to do so; or
(3) A judicial sale of the interest sought to be
disclaimed occurs.
(c) A disclaimer, in whole or part, of the
future exercise of a power held in a fiduciary capacity is not barred by its
previous exercise.
(d) A disclaimer, in whole or part, of the
future exercise of a power not held in a fiduciary capacity is not barred by
its previous exercise unless the power is exercisable in favor of the
disclaimant.
(e) A disclaimer is barred or limited if so
provided by law other than this chapter.
(f) A disclaimer of a power over property
which is barred by this section is ineffective. A disclaimer of an interest in
property which is barred by this section takes effect as a transfer of the
interest disclaimed to the persons who would have taken the interest under this
chapter had the disclaimer not been barred. [L 2000, c 43, pt of §1]