State Codes and Statutes

Statutes > Rhode-island > Title-34 > Chapter-34-5 > 34-5-8

SECTION 34-5-8

   § 34-5-8  Disposition of disclaimedinterest. – (a) A disclaimer complying with all the applicable requirements of this chaptershall be effective according to its terms, and shall be irrevocable, uponexecution in accordance with the provisions of § 34-5-4, and filing inaccordance with the provisions of § 34-5-6.

   (b) Unless the will or inter vivos instrument creating theinterest in property so disclaimed provides for another disposition of theinterest, the interest shall pass in the same manner as if the disclaimant haddied immediately preceding the event determining that he, she, or it is thebeneficiary of the interest. If a disclaimer relates to an interest disposed ofby a particular provision of the will or inter vivos instrument, then theinterest so disclaimed shall pass in the same manner as if the disclaimant haddied immediately preceding the event determining that he, she, or it is thebeneficiary of that interest, but only for the purposes of that provision andthe interest may pass to or for the benefit of the disclaimant under otherprovisions of the will or inter vivos instrument. A future interest that takeseffect in possession or enjoyment at or after the termination of the disclaimedinterest shall take effect in the same manner as it would have if thedisclaimant had died immediately preceding the event determining that he, she,or it is the beneficiary of the disclaimed interest. The disclaimer shallrelate back for all purposes to that date.

   (c) The interest in property being disclaimed shall nevervest in the beneficiary.

State Codes and Statutes

Statutes > Rhode-island > Title-34 > Chapter-34-5 > 34-5-8

SECTION 34-5-8

   § 34-5-8  Disposition of disclaimedinterest. – (a) A disclaimer complying with all the applicable requirements of this chaptershall be effective according to its terms, and shall be irrevocable, uponexecution in accordance with the provisions of § 34-5-4, and filing inaccordance with the provisions of § 34-5-6.

   (b) Unless the will or inter vivos instrument creating theinterest in property so disclaimed provides for another disposition of theinterest, the interest shall pass in the same manner as if the disclaimant haddied immediately preceding the event determining that he, she, or it is thebeneficiary of the interest. If a disclaimer relates to an interest disposed ofby a particular provision of the will or inter vivos instrument, then theinterest so disclaimed shall pass in the same manner as if the disclaimant haddied immediately preceding the event determining that he, she, or it is thebeneficiary of that interest, but only for the purposes of that provision andthe interest may pass to or for the benefit of the disclaimant under otherprovisions of the will or inter vivos instrument. A future interest that takeseffect in possession or enjoyment at or after the termination of the disclaimedinterest shall take effect in the same manner as it would have if thedisclaimant had died immediately preceding the event determining that he, she,or it is the beneficiary of the disclaimed interest. The disclaimer shallrelate back for all purposes to that date.

   (c) The interest in property being disclaimed shall nevervest in the beneficiary.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-34 > Chapter-34-5 > 34-5-8

SECTION 34-5-8

   § 34-5-8  Disposition of disclaimedinterest. – (a) A disclaimer complying with all the applicable requirements of this chaptershall be effective according to its terms, and shall be irrevocable, uponexecution in accordance with the provisions of § 34-5-4, and filing inaccordance with the provisions of § 34-5-6.

   (b) Unless the will or inter vivos instrument creating theinterest in property so disclaimed provides for another disposition of theinterest, the interest shall pass in the same manner as if the disclaimant haddied immediately preceding the event determining that he, she, or it is thebeneficiary of the interest. If a disclaimer relates to an interest disposed ofby a particular provision of the will or inter vivos instrument, then theinterest so disclaimed shall pass in the same manner as if the disclaimant haddied immediately preceding the event determining that he, she, or it is thebeneficiary of that interest, but only for the purposes of that provision andthe interest may pass to or for the benefit of the disclaimant under otherprovisions of the will or inter vivos instrument. A future interest that takeseffect in possession or enjoyment at or after the termination of the disclaimedinterest shall take effect in the same manner as it would have if thedisclaimant had died immediately preceding the event determining that he, she,or it is the beneficiary of the disclaimed interest. The disclaimer shallrelate back for all purposes to that date.

   (c) The interest in property being disclaimed shall nevervest in the beneficiary.