Sec. 2. Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if:
(1) the creator of the power or interest imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim; or
(2) an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
As added by P.L.5-2003, SEC.1.
Structure Indiana Code
Article 17.5. Uniform Disclaimer of Property Interests Act
Chapter 3. Power to Disclaim; Irrevocability of Disclaimer
32-17.5-3-1. Disclaiming Power or Interest in Property
32-17.5-3-2. Fiduciary's Right to Disclaim
32-17.5-3-3. Disclaimer Requirements
32-17.5-3-4. Partial Disclaimer
32-17.5-3-6. Disclaimer Not a Transaction, Assignment, or Release