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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 6. DISCLAIMER
Sec. 612. Delivery and recording requirements.

(g) In the case of a disclaimer by a surviving owner of jointly held property the disclaimer must be delivered to the person or persons to whom the disclaimed interest passes. (799)

(h) In the case of a disclaimer by a permissible appointee or a taker in default of the exercise of a power of appointment at any time after the power was created: (800)

(1) The disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or (801)

(2) If no fiduciary is then serving, it must be delivered to a court having jurisdiction to appoint the fiduciary. (802)

(i) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment: (803)

(1) The disclaimer must be delivered to the holder, the personal representative of the holder's estate or to the fiduciary under the instrument that created the power; or (804)

(2) If no fiduciary is then serving, it must be delivered to a court having jurisdiction to appoint the fiduciary. (805)

(j) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection (b), (c), or (d) of this section, as if the power disclaimed were an interest in property. (806)

(k) In the case of a disclaimer of a power by an agent or attorney-in-fact, the disclaimer must be delivered to the principal or the principal's representative. (807)

(l) No fiduciary, person or entity having custody of the disclaimed interest shall be liable for any otherwise proper distribution made without actual notice of the disclaimer, or, if the disclaimer is barred under Sec. 614 of this title, for any otherwise proper distribution made in reliance of the disclaimer, if the distribution is made without actual knowledge of the facts constituting the bar of the right to disclaim. (808)

(m) For purposes of this section, when delivery of a disclaimer to a court is referenced, the disclaimant may fulfill this requirement by filing the disclaimer with the register of wills or the register in chancery for the county in which proceedings for administration of the estate of a deceased transferor of the property or interest, a deceased donee of the power or a deceased joint tenant has been commenced. (809)

(n) A copy of the disclaimer may also be delivered to the person or persons entitled to the property or interest in the event of disclaimer; however, failure to make such delivery shall not affect the validity of the disclaimer. Such delivery is in addition to and not in lieu of the delivery and recording otherwise required under this section. (810)

(63 Del. Laws, c. 448, Sec. 1; 70 Del Laws, c. 186, Sec. 1; 75 Del. Laws, c. 302, Sec. 1.) (811)

Sec. 613. Disclaimers affecting real property. (812)(Text)

If the property interest being disclaimed is an interest in real property, the disclaimer shall be acknowledged in the manner provided for deeds of real property. The disclaimer shall not be valid as against any person, except the beneficiary, the heirs and devisees of the beneficiary, and any other person having actual notice of the disclaimer, unless an original thereof, or an attested copy thereof if the original is required to be filed elsewhere, is recorded in the office for recording of deeds for the county or district in which the real property is located. (813)

(63 Del. Laws, c. 448, Sec. 1; 70 Del Laws, c. 186, Sec. 1; 75 Del. Laws, c. 302, Sec. 1.) (814)

Sec. 614. When disclaimer barred or limited. (815)(Text)

(a) A disclaimer is barred by a written waiver of the right to disclaim. (816)

(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (817)

(1) The disclaimant accepts the interest sought to be disclaimed; (818)

(2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; (819)

(3) A judicial sale of the interest sought to be disclaimed occurs. (820)

(c) A disclaimer is barred or limited if so provided by law other than this chapter. (821)

(d) 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. (822)

(e) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which 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 chapter had the disclaimer not been barred. (823)

(63 Del. Laws, c. 448, Sec. 1; 75 Del. Laws, c. 302, Sec. 1.) (824)

Sec. 615. Tax qualified disclaimer. (825)(Text)

Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Code, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter. (826)

(75 Del. Laws, c. 302, Sec. 1.) (827)

Sec. 616. Application to existing and expired relationships. (828)(Text)

(a) Except as otherwise provided in Sec. 614 of this title, an interest in or power over property existing on June 27, 2006, as to which the 9 months for receipt or filing a disclaimer under Delaware law superseded by this chapter has not expired may be disclaimed after June 27, 2006. (829)

(b) Any interest in or power over property that has expired under Delaware law superseded by this chapter prior to June 27, 2006, shall remain expired. (830)

(63 Del. Laws, c. 448, Sec. 1; 75 Del. Laws, c. 302, Sec. 1.) (831)

Sec. 617. Severability clause. (832)(Text)

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given affect without the invalid provision or application, and to this end the provisions of this chapter are severable. (833)

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