2009 New Jersey Code
3B:9-9 Bar of right to disclaim.
TITLE 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
3B:9-9 - Bar of right to disclaim
3B:9-9. Bar of right to disclaim.
a.The right of an individual to disclaim property or any interest therein is barred by:
(1)an assignment, conveyance, encumbrance, pledge or transfer of the property or interest or a contract therefor; or
(2)a written waiver of the right to disclaim; or
(3)an acceptance of the property or interest or a benefit under it after actual knowledge that a property right has been conferred; or
(4)a sale of the property or interest that was seized under judicial process before the disclaimer is made; or
(5)the expiration of the permitted applicable perpetuities period; or
(6)a fraud on the individual's creditors as set forth in the "Uniform Fraudulent Transfer Act" (R.S.25:2-20 et seq.).
b.The disclaimant shall not be barred from disclaiming all or any part of the balance of the property where the disclaimant has received a portion of the property and there still remains an interest which the disclaimant is yet to receive.
c.A bar to the right to disclaim a present interest in joint property does not bar the right to disclaim a future interest in that property.
d.The right to disclaim may be barred to the extent provided by other applicable statutory law.
Amended 1988, c.74, s.2; 2004, c.132, s.72; 2005, c.160, s.11.
Disclaimer: These codes may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.