Code of Virginia - Title 64.1 Wills And Decedents' Estates - Chapter 8.1 Uniform Disclaimer Of Property Interests Act

  • 64.1-196.1 Definitions
    In this chapter: "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. "Disclaimed interest" ...
  • 64.1-196.2 Scope
    This chapter applies to disclaimers of any interest in or power over property, whenever created. (2003, c. 253.) ...
  • 64.1-196.3 Chapter supplemented by other law
    A. Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. B. This chapter does not limit any ...
  • 64.1-196.4 Power to disclaim; general requirements; when irrevocable
    A. A person may disclaim in whole or in part, any interest in or power over property, including a power of appointment. A person may ...
  • 64.1-196.5 Disclaimer of interest in property
    A. In this section (i) "time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment, and (ii) ...
  • 64.1-196.6 Disclaimer of rights of survivorship in jointly held property
    A. Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the greater of (i) ...
  • 64.1-196.7 Disclaimer of interest by trustee
    If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. (2003, c. 253.) ...
  • 64.1-196.8 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 ...
  • 64.1-196.9 Disclaimer by appointee, object, or taker in default of exercise of power of appointment
    A. A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by ...
  • 64.1-196.10 Disclaimer of power held in fiduciary capacity
    A. If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time ...
  • 64.1-196.11 Delivery or filing
    A. In this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of (i) an annuity or insurance ...
  • 64.1-196.12 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 ...
  • 64.1-196.13 Tax qualified disclaimer
    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 ...
  • 64.1-196.14 Recording of disclaimer
    If an instrument transferring title to real property is disclaimed, a copy of the disclaimer shall be recorded in the office of the clerk of ...
  • 64.1-196.15 Application to existing relationships
    Except as otherwise provided in § 64.1-196.12, an interest in or power over property existing on the effective date of this chapter as to which ...

Last modified: April 3, 2009