2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT
633E.6 - EFFECT OF DISCLAIMER OF INTEREST IN PROPERTY.

        633E.6  EFFECT OF DISCLAIMER OF INTEREST IN
      PROPERTY.
         1.  As used in this section:
         a.  "Future interest" means an interest that takes effect in
      possession or enjoyment, if at all, later than the time of its
      creation.
         b.  "Time of distribution" means the time when a disclaimed
      interest would have taken effect in possession or enjoyment.
         2.  Except for a disclaimer governed by section 633E.7 or 633E.8,
      the following rules apply to a disclaimer of an interest in property:

         a.  The disclaimer takes effect as of the time the instrument
      creating the interest becomes irrevocable, or, if the interest arose
      under the law of intestate succession, as of the time of the
      intestate's death.
         b.  The disclaimed interest passes according to any provision
      in the instrument creating the interest providing for the disposition
      of the interest, should it be disclaimed, or of disclaimed interests
      in general.
         c.  If the instrument does not contain a provision described
      in paragraph "b", the following rules shall apply:
         (1)  If the disclaimant is an individual, the disclaimed interest
      passes as if the disclaimant had died immediately before the time of
      distribution.
         (2)  If the disclaimant is not an individual, the disclaimed
      interest passes as if the disclaimant did not exist.
         d.  Upon the disclaimer of a preceding interest, a future
      interest held by a person other than the disclaimant takes effect as
      if the disclaimant had died or ceased to exist immediately before the
      time of distribution, but a future interest held by the disclaimant
      of the preceding interest is not accelerated in possession or
      enjoyment.
         e.  For purposes of this section, if an individual disclaims a
      future interest not held in trust, the disclaimed future interest
      passes as if that interest had been held in trust.  

         2004 Acts, ch 1015, §13
         C2005, §633.906
         2005 Acts, ch 38, §53, 55
         CS2005, §633E.6
         Referred to in § 633E.5