3A:25-45. Devolution of disclaimed property or interest; relation back to date of death

124 words·~1 min read·/nj/title-3a/chapter-25/3a-25-45

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

Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves

(a)as to a present interest, as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power, and

(b)as to a future interest as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his interest indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent or the donee of the power.

L.1979, c. 484, s. 7 eff. Feb. 28, 1980.