§42-6-1. Short Title
This article may be cited as the "Uniform Disclaimer of Property Interests Act".
§42-6-10. Disclaimer by Appointee, Object or Taker in Default of Exercise of Power of Appointment
(a) 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. (b) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of […]
§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;
§42-6-14. 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 […]
§42-6-15. 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on the effective date of this article as to which the time for delivering, filing or recording a disclaimer under law superseded by this article has not expired may be disclaimed after the effective date of this […]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.
§42-6-2. 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.
§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 […]
§42-6-8. Disclaimer of Interest by Trustee
If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
§42-6-9. Disclaimer of Power of Appointment or Other Power Not Held in Fiduciary Capacity
If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.