§ 89-21-3. Right to disclaim interest in property.
A person, or the representative of a person, to whom an interest in or with respect to property or an interest therein devolves by whatever means may disclaim it in whole or in part by delivering or filing a written disclaimer under this chapter. The right to disclaim exists notwithstanding (a) any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction or (b) any restriction or limitation on the right to disclaim contained in the governing instrument. For purposes of this section, the "representative of a person" includes an executor of a decedent's estate, an administrator of a decedent's estate, a conservator of a disabled person, a guardian of a minor or incapacitated person, and an agent acting on behalf of the person within the authority of a power of attorney. For purposes of this section, the term "governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan or instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive or nominative instrument of any similar type.
Sources: Laws, 1994, ch. 618, § 1, eff from and after July 1, 1994.
§ 89-21-3. Right to disclaim interest in property.
A person, or the representative of a person, to whom an interest in or with respect to property or an interest therein devolves by whatever means may disclaim it in whole or in part by delivering or filing a written disclaimer under this chapter. The right to disclaim exists notwithstanding (a) any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction or (b) any restriction or limitation on the right to disclaim contained in the governing instrument. For purposes of this section, the "representative of a person" includes an executor of a decedent's estate, an administrator of a decedent's estate, a conservator of a disabled person, a guardian of a minor or incapacitated person, and an agent acting on behalf of the person within the authority of a power of attorney. For purposes of this section, the term "governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan or instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive or nominative instrument of any similar type.
Sources: Laws, 1994, ch. 618, § 1, eff from and after July 1, 1994.
§ 89-21-3. Right to disclaim interest in property.
A person, or the representative of a person, to whom an interest in or with respect to property or an interest therein devolves by whatever means may disclaim it in whole or in part by delivering or filing a written disclaimer under this chapter. The right to disclaim exists notwithstanding (a) any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction or (b) any restriction or limitation on the right to disclaim contained in the governing instrument. For purposes of this section, the "representative of a person" includes an executor of a decedent's estate, an administrator of a decedent's estate, a conservator of a disabled person, a guardian of a minor or incapacitated person, and an agent acting on behalf of the person within the authority of a power of attorney. For purposes of this section, the term "governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan or instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive or nominative instrument of any similar type.
Sources: Laws, 1994, ch. 618, § 1, eff from and after July 1, 1994.
