§2-911. Disclaimer of power held in fiduciary capacity
1. Disclaimer of unexercised power. If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Disclaimer of exercised power. If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Effect of disclaimer by fiduciary. 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.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 2: INTESTACY, WILLS AND DONATIVE TRANSFERS
Part 9: UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
18-C §2-904. Part supplemented by other law
18-C §2-905. Power to disclaim; general requirements; when irrevocable
18-C §2-906. Disclaimer of interest in property
18-C §2-907. Disclaimer of rights of survivorship in jointly held property
18-C §2-908. Disclaimer of interest by trustee
18-C §2-909. Disclaimer of power of appointment or other power not held in fiduciary capacity
18-C §2-910. Disclaimer by appointee, object or taker in default of exercise of power of appointment
18-C §2-911. Disclaimer of power held in fiduciary capacity
18-C §2-912. Delivery or filing
18-C §2-913. When disclaimer barred or limited
18-C §2-914. Tax qualified disclaimer
18-C §2-915. Recording of disclaimer
18-C §2-916. Application to existing relationships
18-C §2-917. Relation to Electronic Signatures in Global and National Commerce Act