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 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 1 - General Provisions
Chapter 2 - Disclaimer Of Property
Subchapter 2 - Uniform Disclaimer of Property Interests Act (1999)
§ 28-2-204. Subchapter supplemented by other law
§ 28-2-205. Power to disclaim — General requirements, when irrevocable
§ 28-2-206. Disclaimer of interest in property
§ 28-2-207. Disclaimer of rights of survivorship in jointly held property
§ 28-2-208. Disclaimer of interest by trustee
§ 28-2-209. Disclaimer of power of appointment or other power not held in fiduciary capacity
§ 28-2-210. Disclaimer by appointee, object, or taker in default of exercise of power of appointment
§ 28-2-211. Disclaimer of power held in fiduciary capacity
§ 28-2-212. Delivery or filing
§ 28-2-213. When disclaimer barred or limited
§ 28-2-214. Tax-qualified disclaimer
§ 28-2-215. Disclaimer of interest in real property — Recording of disclaimer
§ 28-2-216. Minor, incompetent, or deceased beneficiary
§ 28-2-217. Relation to Electronic Signatures in Global and National Commerce Act