Delaware Code Title 12 Sec. 614 – When disclaimer barred or limited
(a) A disclaimer is barred by a written waiver of the right to disclaim.
Terms Used In Delaware Code Title 12 Sec. 614
- Disclaimant: means the person to whom a disclaimed interest in property would have passed had the disclaimer not been made, or the person who would have had a power over property or with respect to property, including a power of appointment, had the disclaimer not been made. See Delaware Code Title 12 Sec. 602
- Disclaimer: means the refusal to accept an interest in or power over property. See Delaware Code Title 12 Sec. 602
(b) A disclaimer of an interest in property is barred if any of the following events occur 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;
(3) A judicial sale of the interest sought to be disclaimed occurs.
(c) A disclaimer is barred or limited if so provided by law other than this chapter.
(d) 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.
(e) 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 persons who would have taken the interest under this chapter had the disclaimer not been barred.