42-6-1 Short title
42-6-2 Definitions
42-6-3 Scope
42-6-4 Article supplemented by other law
42-6-5 Power to disclaim; general requirements; when irrevocable
42-6-6 Disclaimer of interest property
42-6-7 Disclaimer of right of survivorship in jointly held property with right of survivorship
42-6-8 Disclaimer of interest by trustee
42-6-9 Disclaimer of power of appointment or other power not held in fiduciary capacity
42-6-10 Disclaimer by appointee, object or taker in default of exercise of power of appointment
42-6-11 Disclaimer of power held in fiduciary capacity
42-6-12 Delivery of disclaimer
42-6-13 When disclaimer barred or limited
42-6-14 Tax qualified disclaimer
42-6-15 Recording of disclaimers; failure to record
42-6-16 Application to existing relationships
42-6-17 Uniformity of application and construction
42-6-18 Severability clause
42-6-19 Effective date

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Terms Used In West Virginia Code > Chapter 42 > Article 6 - Uniform Disclaimer of Property Interests Act

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Donee: The recipient of a gift.
  • Fiduciary: A trustee, executor, or administrator.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.