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Home » US Law » 2022 Revised Code of Washington » Title 11 - Probate and Trust Law » Chapters » Chapter 11.86 - Disclaimer of Interests.

11.86.011 – Definitions.

RCW 11.86.011 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) “Beneficiary” means the person entitled, but for the person’s disclaimer, to take an interest. (2) “Creator of the interest” means a person who establishes, declares, or otherwise creates an interest. (3)(a) “Date of the transfer” means: […]

11.86.021 – Disclaimer of interest authorized.

RCW 11.86.021 Disclaimer of interest authorized. (1) A beneficiary may disclaim an interest in whole or in part, or with reference to specific parts, shares or assets, in the manner provided in RCW 11.86.031. (2) Likewise, a beneficiary may so disclaim through an agent or attorney so authorized by written instrument. (3) A personal representative, […]

11.86.031 – Contents of disclaimer—Time and filing requirements—Fee.

RCW 11.86.031 Contents of disclaimer—Time and filing requirements—Fee. (1) The disclaimer must: (a) Be in writing; (b) Be signed by the disclaimant; (c) Identify the interest to be disclaimed; and (d) State the disclaimer and the extent thereof. (2) The disclaimer must be delivered or mailed as provided in subsection (3) of this section at […]

11.86.041 – Disposition of disclaimed interest.

RCW 11.86.041 Disposition of disclaimed interest. (1) Unless the instrument creating an interest directs to the contrary, the interest disclaimed shall pass as if the beneficiary had died immediately prior to the date of the transfer of the interest. The disclaimer shall relate back to this date for all purposes. (2) Unless the beneficiary provides […]

11.86.051 – When disclaimer barred—Exception.

RCW 11.86.051 When disclaimer barred—Exception. (1) A beneficiary may not disclaim an interest if: (a) The beneficiary has accepted the interest or a benefit thereunder; (b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has contracted therefor; (c) The interest has been sold or otherwise disposed of pursuant to judicial […]

11.86.061 – Effect of spendthrift or similar restriction.

RCW 11.86.061 Effect of spendthrift or similar restriction. A beneficiary may disclaim under this chapter notwithstanding any limitation on the interest of the beneficiary in the nature of a spendthrift provision or similar restriction. [ 1989 c 34 § 6.]

11.86.071 – Liability for distribution—Effect of disclaimer.

RCW 11.86.071 Liability for distribution—Effect of disclaimer. No legal representative of a creator of the interest, holder of legal title to property an interest in which is disclaimed, or person having possession of the property shall be liable for any otherwise proper distribution or other disposition made without actual knowledge of the disclaimer, or in […]

11.86.080 – Rights under other statutes or rules not abridged.

RCW 11.86.080 Rights under other statutes or rules not abridged. This chapter shall not abridge the right of any person, apart from this chapter, under any existing or future statute or rule of law, to disclaim any interest or to assign, convey, release, renounce or otherwise dispose of any interest. [ 1973 c 148 § […]

11.86.090 – Interests existing on June 7, 1973.

RCW 11.86.090 Interests existing on June 7, 1973. Any interest which exists on June 7, 1973 but which has not then become indefeasibly vested, or the taker of which has not then become finally ascertained, or of the existence of the transfer of which the beneficiary lacks knowledge, may be disclaimed after June 7, 1973 […]