§ 28-2-213. 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 […]
§ 28-2-214. Tax-qualified disclaimer
Notwithstanding any other provision of this subchapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred […]
§ 28-2-215. Disclaimer of interest in real property — Recording of disclaimer
(a) If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the office of the circuit clerk of the county in which the property or interest disclaimed is located. (b) If an interest in or relating to real property is disclaimed and recorded as provided in this […]
§ 28-2-216. Minor, incompetent, or deceased beneficiary
A guardian of the property or an executor or administrator of the estate of a minor, incompetent, or deceased beneficiary may, if the fiduciary deems it to be in the best interest of those concerned with the estate of the beneficiary and of those who will take the beneficiary’s interest by virtue of the disclaimer […]
§ 28-2-217. Relation to Electronic Signatures in Global and National Commerce Act
This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 […]
§ 28-2-218. Uniformity of application and construction
In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.
§ 28-2-220. Effective date
This act takes effect on September 1, 2003.
§ 28-2-221. Repeals
Sections 28-2-101 — 28-2-109 are repealed.
§ 28-2-205. Power to disclaim — General requirements, when irrevocable
(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. (b) Except to […]
§ 28-2-206. Disclaimer of interest in property
(a) In this section: (1) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (2) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment. (b) Except for a disclaimer governed by § 28-2-207 […]