394.640 Waiver and bar. (1) The right to disclaim property or an interest therein is barred by (a) an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor, (b) a written waiver of the right to disclaim, (c) an acceptance of the property or interest or benefit thereunder, or (d) a sale of the property or interest under judicial sale made before the disclaimer is effected. (2) The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nat ure of a spendthrift provision or similar restriction. (3) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him. History: Created 1974 Ky. Acts ch. 3 29, sec. 4, effective June 21, 1974.
Kentucky Legal Code