Section 9-215 – Rights Under Other Statutes Not Affected
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.
Section 9-216 – Short Title
This subtitle may be cited as the “Maryland Uniform Disclaimer of Property Interests Act”.
Section 9-212 – Filing, Recording, Registering
(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.
Section 9-213 – Unexercised Disclaimers Under Former Provisions
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power over property existing on October 1, 2004, as to which the time for delivering or filing a disclaimer under law superseded by this subtitle has not expired, may be disclaimed after October 1, 2004.
Section 9-214 – Severability
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.
Section 9-202 – Disclaimer in General
(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 […]
Section 9-203 – Effect of Disclaimer
(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 […]
Section 9-204 – Joint Holders
(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; […]
Section 9-205 – Disclaimer by Trustees
If a trustee disclaims an interest in property that otherwise would become trust property, the interest does not become trust property.
Section 9-206 – Holder Disclaiming Power of Appointment or Other Non-Fiduciary Power
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 […]