(a) (1) A person may disclaim in whole or in part any interest in or power over property, including a power of appointment. (2) A person may disclaim the interest or power even if the creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. (b) (1) Except to the […]
(a) Except for a disclaimer under § 9-204 or § 9-205 of this subtitle, the following rules apply to a disclaimer of an interest in property. (b) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or if the interest arose under the law of intestate succession, as of the time […]
(a) On the death of a holder of jointly held property, a surviving holder may disclaim in whole or in part, the greater of: (1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; […]
If a trustee disclaims an interest in property that otherwise would become trust property, the interest does not become trust property.
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 the power becomes irrevocable; (2) If the holder has exercised the power and the disclaimer is […]
(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 property by an object or taker in default of an exercise of power of appointment takes effect […]
(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 exercised, the disclaimer takes effect immediately after the last exercise […]
(a) Subject to subsections (b) through (k) of this section, 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, other than an interest in […]
(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 occurs before the disclaimer becomes effective: (1) The disclaimant accepts the interest sought to be disclaimed; (2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to […]
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, any other successor statute, or regulations as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this subtitle.
(a) 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 filed, recorded, or registered. (b) Failure to file, record, or register the disclaimer does not affect its validity.
Except as otherwise provided in § 9-210 of this subtitle, an interest in or power over property existing on October 1, 2004, as to which the time for delivering or filing a disclaimer under law superseded by this subtitle has not expired, may be disclaimed after October 1, 2004.
If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle that can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
This subtitle does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest in property under any other statute.
This subtitle may be cited as the “Maryland Uniform Disclaimer of Property Interests Act”.
