(1) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real estate to which the disclaimer relates and unless the disclaimer is filed for recording in the office of the clerk of the court in the county or counties where the real estate is located.
(2) An effective disclaimer meeting the requirements of subsection (1) constitutes constructive notice to all persons from the time of filing. Failure to record the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
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.