§ 6205. Effect of disclaimer
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: July 15, 2002
Effective: July 15, 2002
20 Pa.C.S.A. § 6205
§ 6205. Effect of disclaimer
(a) In general.--A disclaimer relates back for all purposes to the date of the death of the decedent or the effective date of the inter vivos transfer or third-party beneficiary contract as the case may be. The disclaimer shall not in any way diminish the interest of any person other than the disclaimant in such person's own right under the instrument creating the disclaimed interest or under the intestate laws nor diminish any interest to which such person becomes entitled under subsection (b) by reason of the disclaimer.
(b) Rights of other parties.--Unless a testator or donor has provided for another disposition, the disclaimer shall, for purposes of determining the rights of other parties, be equivalent to the disclaimant's having died before the decedent in the case of a devolution by will or intestacy or before the effective date of an inter vivos transfer, or third-party beneficiary contract, except that, when applying section 2104(1) (relating to rules of succession) or analogous provisions of a governing instrument, the fact that the disclaimant actually survived shall be recognized in determining whether other parties take equally or by representation, and except that if, as a result of a disclaimer, property passes to a fund in which the disclaimant has an interest or power which he has not disclaimed, the disclaimant shall retain his interest or power in the fund as augmented by the disclaimed property.
Credits
1976, July 9, P.L. 562, No. 136, § 2, imd. effective. Amended 1984, Oct. 12, P.L. 929, No. 182, § 10, imd. effective; 2002, May 16, P.L. 330, No. 50, § 10, effective in 60 days.
20 Pa.C.S.A. § 6205, PA ST 20 Pa.C.S.A. § 6205
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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