2017 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 11 - PROPERTY INTERESTS
Section 45-2-1113 - When disclaimer barred or limited.
45-2-1113. When disclaimer barred or limited.
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 events occur 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 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 part, of the future exercise of a 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 the Uniform Disclaimer of Property Interests Act.
F. A disclaimer of a power over property that is barred by this section is ineffective. 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 the Uniform Disclaimer of Property Interests Act had the disclaimer not been barred.
History: Laws 2001, ch. 290, 13; 1978 Comp., 46-10-13 recompiled as 45-2-1113 by Laws 2011, ch. 124, 101.
