§ 9-202
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/md/estates-and-trusts/9-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§9–202.
(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.
(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.
(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.