(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.
History.—s. 1, ch. 2005-108.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 739 - Florida Uniform Disclaimer of Property Interests Act
739.104 - Power to Disclaim; General Requirements; When Irrevocable.
739.201 - Disclaimer of Interest in Property.
739.202 - Disclaimer of Rights of Survivorship in Jointly Held Property.
739.203 - Disclaimer of Property Held as Tenancy by the Entirety.
739.204 - Disclaimer of Interest by Trustee.
739.205 - Disclaimer of Power of Appointment or Other Power Not Held in a Fiduciary Capacity.
739.206 - Disclaimer by Appointee, Object, or Taker in Default of Exercise of Power of Appointment.
739.207 - Disclaimer of Power Held in Fiduciary Capacity.
739.401 - When Disclaimer Is Permitted.
739.402 - When Disclaimer Is Barred or Limited.
739.501 - Tax-Qualified Disclaimer.