(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; or
(3) A judicial sale of the interest sought to be disclaimed occurs.
(c) 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.
(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(e) A disclaimer is barred or limited if so provided by law other than this chapter.
(f) 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.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
This section is referenced in § 19-1516.
Uniform Law: This section is based upon § 13 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