Sec. 13.70.040. Disclaimer of interest in property.

563 words·~3 min read·/ak/title-13/chapter-70/13-70-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except for a disclaimer governed by AS 13.70.050 — 13.70.065, the following rules apply to a disclaimer of an interest in property:

(1)the disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate's death;

(2)the disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general;

(3)if the instrument does not contain a provision described in

(2)of this subsection, the following rules apply:

(A)if the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist;

(B)if the disclaimant is an individual, except as otherwise provided in

(C)and

(D)of this paragraph, the disclaimed interest passes as if the disclaimant had died immediately before the interest was created, unless, under the governing instrument or other applicable law, the disclaimed interest is contingent on surviving to the time of distribution, in which case, the disclaimed interest passes as if the disclaimant had died immediately before the time for distribution;

(C)if, by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution;

(D)if the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution; if no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in the shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution; however, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is considered to have died unmarried at the time of distribution;

(4)on the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment as a result of the disclaimer.

(b)For the purposes of (a)(3) of this section, a disclaimed interest

(1)is created at

(A)the death of the benefactor; or

(B)an earlier time, if any, when the benefactor's transfer of the interest is a completed gift for federal gift tax purposes; and

(2)in a revocable trust is treated as if the interest had been created under a will.

(c)In this section,

(1)“benefactor” means the creator of the interest that is subject to a disclaimer;

(2)“future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation;

(3)“time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.