§526-13 When disclaimer barred or limited. (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. [L 2000, c 43, pt of §1]
Structure Hawaii Revised Statutes
526. Uniform Disclaimer of Property Interests Act
526-4 Chapter supplemented by other law.
526-5 Power to disclaim; general requirements; when irrevocable.
526-6 Disclaimer of interest in property.
526-7 Disclaimer of rights of survivorship in jointly held property.
526-8 Disclaimer of interest by trustee.
526-9 Disclaimer of power of appointment or other power not held in fiduciary capacity.
526-10 Disclaimer by appointee, object, or taker in default of exercise of power of appointment.
526-11 Disclaimer of power held in fiduciary capacity.
526-13 When disclaimer barred or limited.
526-14 Tax qualified disclaimer.