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§ 9-210. Barred or restricted disclaimers

West's Annotated Code of MarylandEstates and Trusts

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)
MD Code, Estates and Trusts, § 9-210
§ 9-210. Barred or restricted disclaimers
Currentness
Written waiver of right to disclaim
(a) A disclaimer is barred by a written waiver of the right to disclaim.
Disclaimers of interest in property
(b) 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.
Disclaimer of future exercise of power held in fiduciary capacity
(c) 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.
Disclaimer of future exercise of power not held in fiduciary capacity
(d) 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.
Construction with other law
(e) A disclaimer is barred or limited if so provided by law other than this subtitle.
Disclaimer of power over or interest in property
(f)(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.

Credits

Added by Acts 2004, c. 465, § 2, eff. Oct. 1, 2004.
MD Code, Estates and Trusts, § 9-210, MD EST & TRST § 9-210
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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