§ 34-5-2 Disclaimer of interest in estate.– (a) Unless barred by the provisions of § 34-5-9, a beneficiary maydisclaim any interest in property which, except for the execution and filing ofa disclaimer in accordance with the provisions of this chapter, would pass tothe beneficiary:
(1) By intestate succession, devise, legacy, bequest; asbeneficiary of a testamentary trust or beneficiary of a testamentary gift to anontestamentary trust; by succession in any manner described in thissubdivision to a disclaimed interest; or in any other manner not specifiedabove under a testamentary instrument or by operation of any statute or rule oflaw governing devolution or disposition of property upon or after a person'sdeath.
(2) As donee, grantee, beneficiary of an inter vivos trust,beneficiary of an insurance or annuity contract, or as surviving joint tenantor tenant by the entirety, except that a surviving joint tenant or tenant bythe entirety may not disclaim that portion of an interest in joint property orproperty held by the entirety which is allocable to amounts contributed by himor her to the interest in that property; under any deed, assignment, or othernontestamentary instrument of conveyance or transfer; by succession in anymanner described in this subdivision to a disclaimed interest; or in any othermanner not specified above under a nontestamentary instrument or by operationof any statute or rule of law.
(b) Disclaimer may be made as provided in § 34-5-3 bythe duly appointed guardian or conservator of a beneficiary or by the legalrepresentative of a deceased beneficiary's estate.
§ 34-5-2 Disclaimer of interest in estate.– (a) Unless barred by the provisions of § 34-5-9, a beneficiary maydisclaim any interest in property which, except for the execution and filing ofa disclaimer in accordance with the provisions of this chapter, would pass tothe beneficiary:
(1) By intestate succession, devise, legacy, bequest; asbeneficiary of a testamentary trust or beneficiary of a testamentary gift to anontestamentary trust; by succession in any manner described in thissubdivision to a disclaimed interest; or in any other manner not specifiedabove under a testamentary instrument or by operation of any statute or rule oflaw governing devolution or disposition of property upon or after a person'sdeath.
(2) As donee, grantee, beneficiary of an inter vivos trust,beneficiary of an insurance or annuity contract, or as surviving joint tenantor tenant by the entirety, except that a surviving joint tenant or tenant bythe entirety may not disclaim that portion of an interest in joint property orproperty held by the entirety which is allocable to amounts contributed by himor her to the interest in that property; under any deed, assignment, or othernontestamentary instrument of conveyance or transfer; by succession in anymanner described in this subdivision to a disclaimed interest; or in any othermanner not specified above under a nontestamentary instrument or by operationof any statute or rule of law.
(b) Disclaimer may be made as provided in § 34-5-3 bythe duly appointed guardian or conservator of a beneficiary or by the legalrepresentative of a deceased beneficiary's estate.
§ 34-5-2 Disclaimer of interest in estate.– (a) Unless barred by the provisions of § 34-5-9, a beneficiary maydisclaim any interest in property which, except for the execution and filing ofa disclaimer in accordance with the provisions of this chapter, would pass tothe beneficiary:
(1) By intestate succession, devise, legacy, bequest; asbeneficiary of a testamentary trust or beneficiary of a testamentary gift to anontestamentary trust; by succession in any manner described in thissubdivision to a disclaimed interest; or in any other manner not specifiedabove under a testamentary instrument or by operation of any statute or rule oflaw governing devolution or disposition of property upon or after a person'sdeath.
(2) As donee, grantee, beneficiary of an inter vivos trust,beneficiary of an insurance or annuity contract, or as surviving joint tenantor tenant by the entirety, except that a surviving joint tenant or tenant bythe entirety may not disclaim that portion of an interest in joint property orproperty held by the entirety which is allocable to amounts contributed by himor her to the interest in that property; under any deed, assignment, or othernontestamentary instrument of conveyance or transfer; by succession in anymanner described in this subdivision to a disclaimed interest; or in any othermanner not specified above under a nontestamentary instrument or by operationof any statute or rule of law.
(b) Disclaimer may be made as provided in § 34-5-3 bythe duly appointed guardian or conservator of a beneficiary or by the legalrepresentative of a deceased beneficiary's estate.
