2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 105 - Property Rights
Section 105.643 - When disclaimer barred or limited.
(1) A disclaimer is barred by a written waiver of the right to disclaim.
(2) A disclaimer of an interest in property is barred if any of the following events occurs before the disclaimer becomes effective:
(a) The disclaimant accepts the interest sought to be disclaimed;
(b) The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or
(c) The interest sought to be disclaimed is sold pursuant to a judicial sale.
(3) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.
(4) 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.
(5) A disclaimer is barred or limited if so provided by a law other than ORS 105.623 to 105.649.
(6) A disclaimer is barred if the purpose or effect of the disclaimer is to prevent recovery of money or property to be applied against a judgment for restitution under ORS 137.101 to 137.109.
(7) A disclaimer of a power over property that is barred under this section is ineffective. A disclaimer of an interest in property that is barred under this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under ORS 105.623 to 105.649 had the disclaimer not been barred. [2001 c.245 §13; 2007 c.483 §1]
