72-2-826. Disclaimer by appointee, object, or taker in default of exercise of power of appointment. (1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (2) A disclaimer of an interest in property by […]
72-2-827. Disclaimer of power held in fiduciary capacity. (1) 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. (2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the […]
72-2-828. Delivery or filing. (1) In this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of: (a) an annuity or insurance policy; (b) an account with a designation for payment on death; (c) a security registered in beneficiary form; (d) a pension, profit-sharing, retirement, or other employment-related benefit plan; or (e) any other […]
72-2-829. When disclaimer barred or limited. (1) A disclaimer is barred by a written waiver of the right to disclaim. (2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (a) the disclaimant accepts the interest sought to be disclaimed; (b) the disclaimant voluntarily assigns, conveys, encumbers, […]
72-2-830. Tax qualified disclaimer. Notwithstanding any other provision of 72-2-817 through 72-2-833, 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 […]
72-2-831. Recording of disclaimer. 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 so filed, recorded, or registered. Except as otherwise provided in 72-2-828(7)(b), failure to file, record, or register the disclaimer does not […]
72-2-832. Application to existing relationships. Except as otherwise provided in 72-2-829, an interest in or power over property existing on October 1, 2019, as to which the time for delivering or filing a disclaimer under law superseded by 72-2-817 through 72-2-833 has not expired may be disclaimed after October 1, 2019. History: En. Sec. 54, Ch. 313, […]
72-2-833. Relation to electronic signatures in global and national commerce act. Sections 72-2-817 through 72-2-833 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but do not modify, limit, or supersede section 101(c) of that act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of […]
