Section 9-210 - When barred.
§ 9-210. When barred.
(a) Written waiver.- A disclaimer is barred by a written waiver of the right to disclaim.
(b) Occurrence of certain events.- A disclaimer of an interest in property is barred if any of the following occurs 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) Future exercise of power held in fiduciary capacity.- A disclaimer in whole or in part of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(d) Future exercise of power not held in fiduciary capacity.- A disclaimer in whole or in part of the future exercise of 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) Barred by law.- A disclaimer is barred or limited if so provided by law other than this subtitle.
(f) Effect when disclaimer barred.-
(1) A disclaimer of a power over property that is barred by this section is ineffective.
(2) A disclaimer of an interest in property that 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 subtitle had the disclaimer not been barred.
[2004, ch. 465, § 2.]