739.402 When disclaimer is barred or limited.
177 words·~1 min read·
/fl/title-xlii/chapter-739/739-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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;
(c)The interest sought to be disclaimed is sold pursuant to a judicial sale; or
(d)The disclaimant is insolvent when the disclaimer becomes irrevocable.
(3)A disclaimer, in whole or in 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 in 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 of an interest in, or a power over, property which is barred by this section is ineffective.