(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(b) Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the District of Columbia or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(c)(1) To be effective, a disclaimer must:
(A) Be in a writing or other record;
(B) Declare the disclaimer;
(C) Describe the interest or power disclaimed;
(D) Be signed by the person making the disclaimer; and
(E) Be delivered or filed in the manner provided in § 19-1512.
(2) For the purposes of this subsection, the term:
(A) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(B) “Signed” means, with present intent to authenticate or adopt a record, to:
(i) Execute or adopt a tangible symbol; or
(ii) Attach to or logically associate with the record an electronic sound, symbol, or process.
(d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(e) A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 19-1512 or when it becomes effective as provided in §§ 19-1506 through 19-1511, whichever occurs later.
(f) A disclaimer made under this chapter is not a transfer, assignment, or release.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Uniform Law: This section is based upon § 5 of the Uniform Disclaimer of Property Interests Act (1999).
Structure District of Columbia Code
Title 19 - Descent, Distribution, and Trusts. [Enacted title]
Chapter 15 - Uniform Disclaimer of Property Interests
§ 19–1504. Chapter supplemented by other law
§ 19–1505. Power to disclaim; general requirements; when irrevocable
§ 19–1506. Disclaimer of interest in property
§ 19–1507. Disclaimer of rights of survivorship in jointly held property
§ 19–1508. Disclaimer of interest by trustee
§ 19–1509. Disclaimer of power of appointment or other power not held in fiduciary capacity
§ 19–1510. Disclaimer by appointee, object, or taker in default of exercise of power of appointment
§ 19–1511. Disclaimer of power held in fiduciary capacity
§ 19–1513. When disclaimer barred or limited
§ 19–1514. Tax qualified disclaimer
§ 19–1515. Recording of disclaimer
§ 19–1516. Application to existing relationships
§ 19–1517. Relation to Electronic Signatures in Global and National Commerce Act