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§ 9-203. Disclaimer of interest in property

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 9. Special Provisions Relating to Distribution (Refs & Annos)
Subtitle 2. Maryland Uniform Disclaimer of Property Interests Act (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 9-203
§ 9-203. Disclaimer of interest in property
Currentness
In general
(a) Except for a disclaimer under § 9-204 or § 9-205 of this subtitle, the following rules apply to a disclaimer of an interest in property.
Time disclaimer takes effect
(b) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or if the interest arose under the law of intestate succession, as of the time of the intestate's death.
Provisions relating to disposition of interest
(c) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
Rules for instruments not containing provisions for disposition of interest
(d) If the instrument does not contain a provision described in subsection (c) of this section, the following rules apply:
(1)(i) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant died immediately before the time of distribution; or
(ii) If by law or under the instrument the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution; or
(2) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
Time future interests take effect
(e) On the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.

Credits

Added by Acts 2004, c. 465, § 2, eff. Oct. 1, 2004. Amended by Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
MD Code, Estates and Trusts, § 9-203, MD EST & TRST § 9-203
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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