2017 Pennsylvania Consolidated Statutes
Chapter 61 - Estates
Section 6103.1 - Release of powers and interests and disclaimer of powers

§ 6103.1. Release of powers and interests and disclaimer of powers.

(a) Interests releasable.--

(1) Subject to paragraph (2), an interest in property that has been accepted may be released.

(2) An income interest in a spendthrift trust may be released only if the released income passes to one or more of the releasor's descendants.

(b) Effect of release of interest.--A releasor of an interest in property shall be treated as having died at the time of the release for purposes of determining and accelerating the interests of other parties in the property.

(c) Nonfiduciary powers disclaimable or releasable.--A power of appointment, power of withdrawal or other power held in a nonfiduciary capacity may be disclaimed prior to its acceptance or released after its acceptance.

(d) Terms of disclaimer or release.--A release of a power or interest or a disclaimer of a power under this section may:

(1) Be absolute or conditional.

(2) Be made with respect to the whole or any part of the property subject to the power or interest.

(3) Reduce or limit the persons or objects or classes of persons or objects in whose favor the power or interest would otherwise be exercisable.

(e) Procedural requirements.--A release and a disclaimer under this section shall be in writing and filed, delivered and recorded in a similar manner as a disclaimer under section 6204 (relating to filing, delivery and recording).

(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)

2016 Amendment. Act 79 added section 6103.1.

Cross References. Section 6103.1 is referred to in section 5601.4 of this title.

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