§42-6-15. Recording of Disclaimers; Failure to Record
(a) A duly executed and acknowledged original or duplicate of the disclaimer may be recorded with the office of the clerk of county commission having jurisdiction to appoint the personal representative of the decedent, in which the trust is located or the trustee resides, in which the person making the beneficiary designation resides, in which […]
§42-6-16. Application to Existing Relationships
Except as otherwise provided in section thirteen of this article, an interest in or power over property existing on the effective date of this article as to which the time for delivering, filing or recording a disclaimer under law superseded by this article has not expired may be disclaimed after the effective date of this […]
§42-6-17. Uniformity of Application and Construction
In applying and construing this uniform article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§42-6-18. Severability Clause
If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application and, to this end, the provisions of this article are severable.
§42-6-19. Effective Date
This article takes effect on July 1, 2002.
§42-6-14. Tax Qualified Disclaimer
Notwithstanding any other provision of this article, 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, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred […]
§42-6-4. Article Supplemented by Other Law
(a) Unless displaced by a provision of this article, the principles of law and equity supplement this article. (b) This article 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 article.
§42-6-5. Power to Disclaim; General Requirements; When Irrevocable
(a) A person may disclaim, in whole or 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 limitation on the right to disclaim. (b) Except to […]
§42-6-6. Disclaimer of Interest Property
(a) In this section: (1) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.
§42-6-7. Disclaimer of Right of Survivorship in Jointly Held Property With Right of Survivorship
(a) Upon the death of a holder of jointly held property with right of survivorship, a surviving holder may disclaim, in whole or 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 […]