Disclaimer Reform: New Developments and Additional Reflections
36 Pages Posted: 2 Mar 2005
Date Written: March 2005
The paper follows up on a previous article by the authors which had proposed a series of revisions in the Uniform Disclaimer of Property Interests Act of 1999. That previous article has prompted counter-proposals by both the Joint Editorial Board of the Uniform Probate Code and by the American Law Institute drafting the Restatement (Third) of Trusts with respect to (1) the devolution of disclaimed interests, and (2) the power of a trustee to disclaim an interest in trust property. The present paper examines these counter-proposals and also criticizes recent decisional law concerning the power to disclaim following partial acceptance of inherited property. The paper concludes that several additional amendments to the Uniform Act and other non-Uniform disclaimer statutes merit consideration.
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