Section 43-8-298 – Applicability of Article.
Section 43-8-298 Applicability of article. An interest in property that exists on the effective date of this article as to which, if a present interest, the time for delivering or filing a disclaimer under this article has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally […]
Section 43-8-256 – Testator May Preclude Corporation From Becoming Surety on Bond of Executor or Administrator.
Section 43-8-256 Testator may preclude corporation from becoming surety on bond of executor or administrator. Whenever any testator, by the terms of his will, so provides, no corporation shall be accepted upon the bond of any executor or administrator of such testator. (Code 1896, §3097; Code 1907, §1512; Code 1923, §2645; Code 1940, T. 61, […]
Section 43-8-270 – Duty of Custodian of Will After Death of Testator; Liability.
Section 43-8-270 Duty of custodian of will after death of testator; liability. After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to […]
Section 43-8-290 – Short Title.
Section 43-8-290 Short title. This article may be cited as the Alabama Uniform Disclaimer of Property Interests Act. (Acts 1981, No. 81-156, §1; Code 1975, §35-17-1.)
Section 43-8-291 – Right to Disclaim Interest in Property.
Section 43-8-291 Right to disclaim interest in property. (a) A person, or the representative of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir, next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract, or appointee […]
Section 43-8-292 – Filing and Delivery of Disclaimer.
Section 43-8-292 Filing and delivery of disclaimer. (a) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be filed, as to a present interest, not later than nine months after the death […]
Section 43-8-293 – Form of Disclaimer.
Section 43-8-293 Form of disclaimer. The disclaimer shall: (1) Be in writing; (2) Describe the property or interest disclaimed; (3) Declare the disclaimer and extent thereof; and (4) Be signed by the disclaimant. (Acts 1981, No. 81-156, §4; Code 1975, §35-17-4.)
Section 43-8-294 – Effect of Disclaimer.
Section 43-8-294 Effect of disclaimer. (a) If the property or interest devolved to a disclaimant under a testamentary instrument or under the laws of intestacy and the deceased owner or donee of a power of appointment has not provided for another disposition, it devolves as if the disclaimant had predeceased the decedent or, if the […]
Section 43-8-295 – Waiver and Bar.
Section 43-8-295 Waiver and bar. The right to disclaim property or an interest therein is barred by: (1) An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor; (2) A written waiver of the right to disclaim; (3) An acceptance of the property or interest or a benefit thereunder; […]
Section 43-8-296 – Remedy Not Exclusive.
Section 43-8-296 Remedy not exclusive. This article does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute. (Acts 1981, No. 81-156, §7; Code 1975, §35-17-7.)