§ 72-2-829

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, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or (c) a judicial sale of the interest sought to be disclaimed occurs. (3) 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. (4) 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. (5) A disclaimer is barred or limited if so provided by law other than 72-2-817 through 72-2-833. (6) 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

ower 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 72-2-817 through 72-2-833 had the disclaimer not been barred. History: En. Sec. 51, Ch. 313, L. 2019.