Montana Code Annotated
Part 8. General Provisions Concerning Probate and Nonprobate Transfers
72-2-829. When disclaimer barred or limited

72-2-829. When disclaimer barred or limited. (1) A disclaimer is barred by a written waiver of the right to disclaim.
(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(a) the disclaimant accepts the interest sought to be disclaimed;
(b) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(c) a judicial sale of the interest sought to be disclaimed occurs.
(3) 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.
(4) 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.
(5) A disclaimer is barred or limited if so provided by law other than 72-2-817 through 72-2-833.
(6) 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 72-2-817 through 72-2-833 had the disclaimer not been barred.
History: En. Sec. 51, Ch. 313, L. 2019.

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