US Lawyer Database

§42-6-11. Disclaimer of Power Held in Fiduciary Capacity

(a) If a fiduciary disclaims a power held in a fiduciary capacity which 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 which has been exercised, the disclaimer takes effect immediately after the […]

§42-6-12. Delivery of Disclaimer

(a) In this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of: (1) An annuity or insurance policy;

§42-6-13. When Disclaimer Barred or Limited

(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 events occur before the disclaimer becomes effective: (1) The disclaimant accepts the interest sought to be disclaimed;

§42-6-2. Definitions

In this article: (1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

§42-6-3. Scope

This article applies to disclaimers of any interest in or power over property whenever created.