Maryland Statutes
Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act
Section 9-202 - Disclaimer in General

(a)    (1)    A person may disclaim in whole or in part any interest in or power over property, including a power of appointment.
        (2)    A person may disclaim the interest or power even if the creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
    (b)    (1)    Except to the extent that a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim in whole or in part any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity.
        (2)    A fiduciary may disclaim the interest or power even if the creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
    (c)    To be effective, a disclaimer must:
        (1)    Be in writing or other record;
        (2)    Declare the disclaimer;
        (3)    Describe the interest or power disclaimed;
        (4)    Be signed by the person making the disclaimer; and
        (5)    Be delivered or filed in the manner provided in § 9-209 of this subtitle.
    (d)    A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
    (e)    A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 9-209 of this subtitle or when it becomes effective as provided in §§ 9-203 through 9-208 of this subtitle, whichever occurs later.
    (f)    (1)    A disclaimer made under this subtitle is not a transfer, assignment, or release.
        (2)    Creditors of the disclaimant have no interest in the property disclaimed.

Structure Maryland Statutes