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2019 Maryland Code
Estates and Trusts
Title 9 - Special Provisions Relating to Distribution
Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act
§ 9-210. When barred.

Universal Citation:
MD Est & Trusts Code § 9-210 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

    (a)    A disclaimer is barred by a written waiver of the right to disclaim.

    (b)    A disclaimer of an interest in property is barred if any of the following occurs before the disclaimer becomes effective:

        (1)    The disclaimant accepts the interest sought to be disclaimed;

        (2)    The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

        (3)    A judicial sale of the interest sought to be disclaimed occurs.

    (c)    A disclaimer in whole or in part of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

    (d)    A disclaimer in whole or in part of the future exercise of power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

    (e)    A disclaimer is barred or limited if so provided by law other than this subtitle.

    (f)    (1)    A disclaimer of a power over property that is barred by this section is ineffective.

        (2)    A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this subtitle had the disclaimer not been barred.

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