Revisions in Need of Revising: The Uniform Disclaimer of Property Interests Act

80 Pages Posted: 11 Oct 2001

Date Written: October 2001

Abstract

The article critiques the new Uniform Disclaimer of Property Interests Act of 1999. This Uniform Act -- due soon to be grafted into the Uniform Probate Code -- provides a legal framework for the rejection (or "disclaimer") of a gratuitous transfer by a beneficiary. The article identifies a host of technical glitches and doubtful policy choices made by drafters of the Act; the article also offers an original analysis of all of the principal policy issues surrounding the law of disclaimer. Finally, the conclusion of the article offers suggestions for reform of the law-modelling process by the National Conference of Commissioners in order to avoid structural difficulties with Uniform Acts that have arisen before and that crop up again in connection with the Act under consideration here.

Suggested Citation

Hirsch, Adam Jay, Revisions in Need of Revising: The Uniform Disclaimer of Property Interests Act (October 2001). Florida State University Law Review, Vol. 29, 2001. Available at SSRN: https://ssrn.com/abstract=286097 or http://dx.doi.org/10.2139/ssrn.286097

Adam Jay Hirsch (Contact Author)

University of San Diego ( email )

5998 Alcala Park
San Diego, CA 92110
United States

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