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Current as of January 01, 2025 | Updated by Findlaw Staff
1. Bar pursuant to written waiver. A disclaimer is barred by a written waiver of the right to disclaim.
2. Bar pursuant to events. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
A. The disclaimant accepts the interest sought to be disclaimed;
B. The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or
C. A judicial sale of the interest sought to be disclaimed occurs.
3. Previous exercise not a bar to disclaimer of power held in fiduciary capacity.A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
4. Previous exercise not a bar to disclaimer of power not held in fiduciary capacity; exception. A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
5. Bar pursuant to law. A disclaimer is barred or limited if so provided by law other than this Part.
6. Effect of bar. A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this Part had the disclaimer not been barred.
Cite this article: FindLaw.com - Maine Revised Statutes Title 18-C. Probate Code § 2-913. When disclaimer barred or limited - last updated January 01, 2025 | https://codes.findlaw.com/me/title-18-c-probate-code/me-rev-st-tit-18-c-sect-2-913/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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