If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
(1) if the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable;
(2) if the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power;
(3) the instrument creating the power is construed as if the power expired when the disclaimer became effective.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 70. Disclaimer of Property Interests
Sec. 13.70.020. Supplemented by other law.
Sec. 13.70.030. Power to disclaim; general requirements; when irrevocable.
Sec. 13.70.040. Disclaimer of interest in property.
Sec. 13.70.050. Disclaimer of rights of survivorship in jointly held property.
Sec. 13.70.060. Disclaimer of interest in property held as a tenancy by the entirety.
Sec. 13.70.065. Disclaimer of interest by trustee.
Sec. 13.70.070. Disclaimer of power of appointment or other power not held in fiduciary capacity.
Sec. 13.70.090. Disclaimer of power held in fiduciary capacity.
Sec. 13.70.100. Delivery or filing.
Sec. 13.70.110. When disclaimer permitted, barred, or limited.
Sec. 13.70.120. Tax-qualified disclaimer.
Sec. 13.70.130. Recording of disclaimer.
Sec. 13.70.140. Application to existing relationships.