Maryland Estates and Trusts Section 9-202

Article - Estates and Trusts

§ 9-202.

      (a)      (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 upon transfer or a restriction or limitation on the right to disclaim.

      (b)      (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 upon 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.

      (f)      A disclaimer made under this subtitle is not a transfer, assignment, or release.



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