If a holder who is a fiduciary disclaims a power held in a fiduciary capacity, the following rules apply:
(1) If the fiduciary holder has not previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the fiduciary holder has previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect immediately after the last exercise of the power.
(3) A disclaimer under this section is effective as to another fiduciary and is binding upon the estate, trust or other person for whom the fiduciary is acting as limited by Delaware law unless otherwise stated within the instrument.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
§ 603. Scope; property subject to disclaimer.
§ 604. Chapter supplemented by other law; chapter not exclusive.
§ 605. Power to disclaim; requisites and execution; when irrevocable.
§ 606. Disclaimer of interest in property.
§ 607. Disclaimer of rights of survivorship in jointly held property.
§ 608. Disclaimer of interest by trustee.
§ 609. Disclaimer of power held in fiduciary capacity.
§ 610. Disclaimer of power of appointment or other power not held in fiduciary capacity.
§ 612. Delivery and recording requirements.
§ 613. Disclaimers affecting real property.
§ 614. When disclaimer barred or limited.
§ 615. Tax qualified disclaimer.