There is a newer version
of
this Section
2020 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 6. Disclaimer
§ 609 Disclaimer of power held in fiduciary capacity.
Universal Citation: 12 DE Code § 609. (2020)
§ 609. Disclaimer of power held in fiduciary capacity. 63 Del. Laws, c. 448, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 302, § 1;
If a holder who is a fiduciary disclaims a power held in a fiduciary capacity, the following rules apply:
(1) If the fiduciary holder has not previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the fiduciary holder has previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect immediately after the last exercise of the power.
(3) A disclaimer under this section is effective as to another fiduciary and is binding upon the estate, trust or other person for whom the fiduciary is acting as limited by Delaware law unless otherwise stated within the instrument.
Disclaimer: These codes may not be the most recent version. Delaware 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
