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.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Uniform Law: This section is based upon § 9 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