PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS [260. - 295.]

Part 8 enacted by Stats. 1990, Ch. 79.

§§ 260–295 · 22 sections

1. CHAPTER 1. Definitions §§ 260–267 · 7 sections

   • § 260 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
   • § 262 “Beneficiary” means the person entitled, but for the person’s disclaimer, to take an interest.
   • § 263 (a) “Creator of the interest” means a person who establishes, declares, creates, or otherwise brings into existence an interest. (b) “Creator of the interest”…
   • § 264 “Disclaimant” means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a beneficiary.
   • § 265 “Disclaimer” means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary.
   • § 266 “Employee benefit plan” includes, but is not limited to, any pension, retirement, death benefit, stock bonus, or profit-sharing plan, system, or trust.
   • § 267 (a) “Interest” includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific…
2. CHAPTER 2. General Provisions §§ 275–288 · 14 sections

   • § 275 A beneficiary may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this part.
   • § 276 A disclaimer on behalf of a conservatee shall be made by the conservator of the estate of the conservatee pursuant to a court order obtained under Article 10…
   • § 277 (a) A disclaimer on behalf of a minor shall be made by the guardian of the estate of the minor if one has been appointed or, if none has been appointed, by a…
   • § 278 The disclaimer shall be in writing, shall be signed by the disclaimant, and shall: (a) Identify the creator of the interest. (b) Describe the interest to be…
   • § 279 (a) A disclaimer to be effective shall be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest. (b) In the case…
   • § 280 (a) A disclaimer shall be filed with any of the following: (1) The superior court in the county in which the estate of the decedent is administered or, if…
   • § 281 A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claiming by, through, or under the beneficiary, including…
   • § 282 (a) Unless the creator of the interest provides for a specific disposition of the interest in the event of a disclaimer, the interest disclaimed shall descend,…
   • § 283 A disclaimer is not a voidable transfer by the beneficiary under the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of…
   • § 284 A person who could file a disclaimer under this part may instead file a written waiver of the right to disclaim. The waiver shall specify the interest to which…
   • § 285 (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed. (b) For the purpose of this section, a beneficiary…
   • § 286 The right to disclaim exists regardless of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift…
   • § 287 An interest created before January 1, 1984, that has not been accepted may be disclaimed after December 31, 1983, in the manner provided in this part, but no…
   • § 288 This part does not limit or abridge any right a person may have under any other law to assign, convey, or release any property or interest, but after December…
3. CHAPTER 3. Disclaimers Effective Under Federal Law § 295 · 1 section

   • § 295 Notwithstanding any other provision of this part, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the…