§ 14-10001 – Short title
14-10001. Short title This chapter may be cited as the Arizona uniform disclaimer of property interests act.
§ 14-10002 – Definitions
14-10002. Definitions In this chapter, unless the context otherwise requires: 1. " Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. 2. " Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made. 3. " Disclaimer" […]
§ 14-10003 – Scope of chapter
14-10003. Scope of chapter This chapter applies to disclaimers of any interest in or power over property, whenever created.
§ 14-10004 – Chapter supplemented by other law
14-10004. Chapter supplemented by other law A. Unless displaced by this chapter, the principles of law and equity supplement this chapter. B. This chapter does not limit any right of a person to waive, release, disclaim or renounce an interest in or power over property under a law other than this chapter.
§ 14-10005 – Power to disclaim; general requirements; when irrevocable
14-10005. Power to disclaim; general requirements; when irrevocable A. A person may disclaim, in whole or in 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 […]
§ 14-10006 – Disclaimer of interest in property; definitions
14-10006. Disclaimer of interest in property; definitions A. Except for a disclaimer governed by section 14-10007 or 14-10008, the following rules apply to a disclaimer of an interest in property: 1. The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the laws of […]
§ 14-10007 – Disclaimer of rights of survivorship in jointly held property
14-10007. Disclaimer of rights of survivorship in jointly held property A. On the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the greater of either: 1. A fractional share of the property determined by dividing the number one by the number of joint holders alive […]
§ 14-10008 – Disclaimer of interest by trustee
14-10008. Disclaimer of interest by trustee If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
§ 14-10009 – Disclaimer of power of appointment or other power not held in fiduciary capacity
14-10009. Disclaimer of power of appointment or other power not held in fiduciary capacity If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: 1. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating […]
§ 14-10010 – Disclaimer by appointee, object or taker in default of exercise of power of appointment
14-10010. Disclaimer by appointee, object or taker in default of exercise of power of appointment A. A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. B. A disclaimer of an interest in […]
§ 14-10011 – Disclaimer of power held in fiduciary capacity
14-10011. Disclaimer of power held in fiduciary capacity A. If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. B. If a fiduciary disclaims a power held in a fiduciary capacity that has been […]
§ 14-10012 – Delivery or filing; definition
14-10012. Delivery or filing; definition A. Subject to subsections B through K, delivery of a disclaimer may be effected by personal delivery, first class mail or any other method likely to result in its receipt. B. In the case of an interest created under the law of intestate succession or an interest created by will, […]
§ 14-10013 – When disclaimer barred or limited
14-10013. 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 occurs before the disclaimer becomes effective: 1. The disclaimant accepts the interest sought to be disclaimed. 2. The disclaimant […]
§ 14-10014 – Tax qualified disclaimer
14-10014. Tax qualified disclaimer Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated, pursuant to the internal revenue code as defined in section 43-105 and rules adopted pursuant to that section, as never having been transferred to the disclaimant, the disclaimer […]
§ 14-10015 – Recording of disclaimer
14-10015. Recording of disclaimer If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Failure to file, record or register the disclaimer does not affect its validity as between […]
§ 14-10016 – Application to existing relationships
14-10016. Application to existing relationships Except as otherwise provided in section 14-10013, an interest in or power over property existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective date of […]
§ 14-10017 – Relation to electronic signatures in global and national commerce act
14-10017. Relation to electronic signatures in global and national commerce act This chapter modifies, limits and supersedes the federal electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States Code sections 7001 through 7006) but does not modify, limit or supersede section 101(c) of that act (15 United States […]
§ 14-10018 – Uniformity of application and construction
14-10018. Uniformity of application and construction In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform disclaimer of property interests act and to the comments adopted by the national conference of commissioners on uniform […]