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;

§42-6-4. 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 […]

§42-5-4. Insurance Policies

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.