Texas Property Code Title 13, Chapter 240 - Texas Uniform Disclaimer Of Property Interests Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 240.001 - Short Title
  This chapter may be cited as the Texas Uniform Disclaimer of Property Interests Act. Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428),...
• Texas Section 240.002 - Definitions
  In this chapter: (1) "Current beneficiary" and "presumptive remainder beneficiary" have the meanings assigned by Section 112.071. (2) "Disclaim" means to refuse to accept an...
• Texas Section 240.003 - Applicability Of Chapter
  This chapter applies to disclaimers of any interest in or power over property, whenever created. Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B....
• Texas Section 240.004 - 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...
• Texas Section 240.005 - Uniformity Of Application And Construction
  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law, with respect to the subject matter...
• Texas Section 240.006 - Power To Disclaim By Person Other Than Fiduciary
  (a) A person other than a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of...
• Texas Section 240.007 - Power To Disclaim Power Held In Fiduciary Capacity By Person Designated To Serve As Or Serving As Fiduciary
  (a) Subject to Subsection (b) and except to the extent the person's right to disclaim is expressly restricted or limited by a law of this...
• Texas Section 240.008 - Power To Disclaim By Fiduciary Acting In Fiduciary Capacity
  (a) Subject to this section and except to the extent the fiduciary's right to disclaim is expressly restricted or limited by a law of this...
• Texas Section 240.0081 - Notice Required By Trustee Disclaiming Certain Interests In Property; Effect Of Notice
  (a) A trustee acting in a fiduciary capacity may disclaim an interest in property that would cause the interest in property not to become trust...

SUBCHAPTER B TYPE AND EFFECT OF DISCLAIMER

• Texas Section 240.009 - Power To Disclaim; General Requirements; When Irrevocable
  (a) To be effective, a disclaimer must: (1) be in writing; (2) declare the disclaimer; (3) describe the interest or power disclaimed; (4) be signed...
• Texas Section 240.0501 - Definition
  In this subchapter, "future interest" means an interest that: (1) takes effect in possession or enjoyment, if at all, later than the time at which...
• Texas Section 240.051 - Disclaimer Of Interest In Property
  (a) This section and Sections 240.0511 and 240.0512 apply to a disclaimer of an interest in property other than a disclaimer subject to Section 240.052...
• Texas Section 240.0511 - Disposition Of Interest Passing Because Of Decedent's Death And Disclaimed By Individual
  (a) Subject to Subsection (b): (1) if by law or under the instrument creating the disclaimed interest the descendants of a disclaimant of an interest...
• Texas Section 240.0512 - Disposition Of Interest Passing Because Of Event Other Than Decedent's Death And Disclaimed By Individual
  (a) Subject to Subsection (b): (1) if by law or under the instrument creating the disclaimed interest the descendants of a disclaimant of an interest...
• Texas Section 240.052 - Disclaimer Of Rights In Survivorship Property
  (a) On the death of a holder of survivorship property, a surviving holder may disclaim, in whole or in part, an interest in the property...
• Texas Section 240.053 - Disclaimer Of Interest By Trustee
  (a) If a trustee disclaims an interest in property that otherwise would have become trust property: (1) the interest does not become trust property; (2)...
• Texas Section 240.054 - Disclaimer Of Power Of Appointment Or Other Power Not Held In Fiduciary Capacity
  (a) If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, this section applies. (b) If the holder:...
• Texas Section 240.055 - Disclaimer By Appointee Of, Or 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...
• Texas Section 240.056 - Disclaimer Of Power Held In Fiduciary Capacity
  (a) If a person designated to serve or serving as a fiduciary disclaims a power held or to be held in a fiduciary capacity that...
• Texas Section 240.057 - Tax Qualified Disclaimer
  (a) In this section, "Internal Revenue Code" has the meaning assigned by Section 111.004. (b) Notwithstanding any other provision of this chapter, if, as a...

SUBCHAPTER C DELIVERY OR FILING

• Texas Section 240.058 - Partial Disclaimer By Spouse
  A disclaimer by a decedent's surviving spouse of an interest in property transferred as the result of the death of the decedent is not a...
• Texas Section 240.101 - Delivery Or Filing Generally
  (a) Subject to applicable requirements of this subchapter, a disclaimant may deliver a disclaimer by personal delivery, first-class mail, facsimile, e-mail, or any other method...
• Texas Section 240.102 - Disclaimer Of Interest Created Under Intestate Succession Or Will
  In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a...
• Texas Section 240.103 - Disclaimer Of Interest In Testamentary Trust
  In the case of an interest in a testamentary trust: (1) a disclaimer must be delivered to the trustee then serving; (2) if no trustee...
• Texas Section 240.104 - Disclaimer Of Interest In Inter Vivos Trust
  In the case of an interest in an inter vivos trust: (1) a disclaimer must be delivered to the trustee then serving, or, if no...
• Texas Section 240.105 - Disclaimer Of Interest Created By Beneficiary Designation
  (a) In this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of: (1) an annuity or insurance...
• Texas Section 240.106 - Disclaimer By Surviving Holder Of Survivorship Property
  In the case of a disclaimer by a surviving holder of survivorship property, the disclaimer must be delivered to the person to whom the disclaimed...
• Texas Section 240.107 - Disclaimer By Object Or Taker In Default Of Exercise Of Power Of Appointment
  In the case of a disclaimer by an object or taker in default of an exercise of a power of appointment at any time after...
• Texas Section 240.108 - Disclaimer By Certain Appointees
  In the case of a disclaimer by an appointee of a nonfiduciary power of appointment: (1) the disclaimer must be delivered to the holder, the...
• Texas Section 240.109 - Disclaimer By Certain Fiduciaries
  In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided by...
• Texas Section 240.110 - Disclaimer Of Power By Agent
  In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal's representative. Added...

SUBCHAPTER D DISCLAIMER BARRED OR LIMITED

• Texas Section 240.111 - Recording Of Disclaimer
  If an instrument transferring an interest in or power over property subject to a disclaimer is required or authorized by law to be filed, recorded,...
• Texas Section 240.151 - 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...

Last modified: September 28, 2016