633E.9 Disclaimer of power of appointment or other power not held in fiduciary capacity.
If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules shall apply:
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.
2004 Acts, ch 1015, §16
C2005, §633.909
2005 Acts, ch 38, §53
CS2005, §633E.9
Referred to in §633E.5
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT
Section 633E.4 - Tax qualified disclaimer.
Section 633E.5 - Power to disclaim — general requirements — when irrevocable.
Section 633E.6 - Effect of disclaimer of interest in property.
Section 633E.7 - Disclaimer of rights of survivorship in jointly held property.
Section 633E.8 - Disclaimer of interest by trustee.
Section 633E.9 - Disclaimer of power of appointment or other power not held in fiduciary capacity.
Section 633E.11 - Disclaimer of power held in fiduciary capacity.
Section 633E.12 - Delivery or filing.
Section 633E.13 - When disclaimer barred or limited.
Section 633E.14 - Chapter supplemented by other law.
Section 633E.15 - Medical assistance eligibility.