(1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(3) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting, except that a disclaimer of a fiduciary power arising under s. 739.201(4) shall bind only the disclaiming fiduciary.
History.—s. 1, ch. 2005-108; s. 16, ch. 2009-115.
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.