Disclaimer Reform: New Developments and Additional Reflections

36 Pages Posted: 2 Mar 2005

See all articles by Adam J. Hirsch

Adam J. Hirsch

University of San Diego

Richard R. Gans

Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A.

Date Written: March 2005

Abstract

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.

Suggested Citation

Hirsch, Adam Jay and Gans, Richard R., Disclaimer Reform: New Developments and Additional Reflections (March 2005). FSU College of Law Public Law Research Paper No. 148. Available at SSRN: https://ssrn.com/abstract=676827 or http://dx.doi.org/10.2139/ssrn.676827

Adam Jay Hirsch (Contact Author)

University of San Diego ( email )

5998 Alcala Park
San Diego, CA 92110
United States

Richard R. Gans

Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A. ( email )

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Sarasota, FL 34236-6719
United States

HOME PAGE: http://fergesonskipper.lawoffice.com/profiles/2806692

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