(a) A disclaimer is barred by a written waiver of the right to disclaim.
(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.
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.