§526-13 - When disclaimer barred or limited.

     [§526-13]  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;

     (2)  The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

     (3)  A judicial sale of the interest sought to be disclaimed occurs.

     (c)  A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

     (d)  A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

     (e)  A disclaimer is barred or limited if so provided by law other than this chapter.

     (f)  A disclaimer of a power over property which is barred by this section is ineffective.  A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred. [L 2000, c 43, pt of §1]