Florida Statutes Title XLII Chapter 739 - Florida Uniform Disclaimer Of Property Interests Act

• 739.101 - Short Title.
  This chapter may be cited as the “Florida Uniform Disclaimer of Property Interests Act.”History.—s. 1, ch. 2005-108.
• 739.102 - Definitions.
  As used in this chapter, the term:(1) “Benefactor” means the creator of the interest that is subject to a disclaimer.(2) “Beneficiary designation” means an instrument, other than...
• 739.103 - Scope.
  This chapter applies to disclaimers of any interest in or power over property, whenever created. Except as provided in s. 739.701, this chapter is the...
• 739.104 - Power To Disclaim; General Requirements; When Irrevocable.
  (1) A person may disclaim, in whole or in part, conditionally or unconditionally, any interest in or power over property, including a power of appointment. A...
• 739.201 - Disclaimer Of Interest In Property.
  Except for a disclaimer governed by s. 739.202, s. 739.203, or s. 739.204, the following rules apply to a disclaimer of an interest in property:(1) The...
• 739.202 - Disclaimer Of Rights Of Survivorship In Jointly Held Property.
  (1) Upon the death of a holder of jointly held property:(a) If, during the deceased holder’s lifetime, the deceased holder could have unilaterally regained a portion of...
• 739.203 - Disclaimer Of Property Held As Tenancy By The Entirety.
  (1) The survivorship interest in property held as a tenancy by the entirety to which the survivor succeeds by operation of law upon the death of...
• 739.204 - Disclaimer Of Interest By Trustee.
  If a trustee having the power to disclaim under the instrument creating the fiduciary relationship or pursuant to court order disclaims an interest in property...
• 739.205 - Disclaimer Of Power Of Appointment Or Other Power Not Held In A Fiduciary Capacity.
  If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:(1) If the holder has not...
• 739.206 - Disclaimer By Appointee, Object, Or Taker In Default Of Exercise Of Power Of Appointment.
  (1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which...
• 739.207 - Disclaimer Of Power Held In Fiduciary Capacity.
  (1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the...
• 739.301 - Delivery Or Filing.
  (1) Subject to subsections (2) through (12), delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method that results in...
• 739.401 - When Disclaimer Is Permitted.
  A disclaimer may be made at any time unless barred under s. 739.402.History.—s. 1, ch. 2005-108.
• 739.402 - When Disclaimer Is 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...
• 739.501 - Tax-qualified Disclaimer.
  Notwithstanding any provision of this chapter other than s. 739.402, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is...
• 739.601 - Recording Of Disclaimer Relating To Real Estate.
  (1) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a legal...
• 739.701 - Application To Existing Relationships.
  Except as otherwise provided in s. 739.402, an interest in or power over property existing on July 1, 2005, as to which the time for...

Last modified: September 23, 2016