2025 Session
Last amended: 2009 session
§ 524.2-1111 — Disclaimer of Power of Appointment or Other Power Not Held in a Fiduciary Capacity
Plain-Language Summary
A person who holds a power of appointment (the right to decide who gets property) may disclaim that power entirely or disclaim the ability to appoint to certain people.
524.2-1111 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 has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable;
(2) if the holder has exercised the power, the disclaimer takes effect immediately after the last exercise of the power; and
(3) the instrument creating the power is construed as if the power expired when the disclaimer became effective.
History:
History: History:
2009 c 67 s 11
Practical Notes
If you are given the power to decide who inherits certain property, you can formally refuse that power. This can be useful for tax planning purposes.