Renuncia y renuncia de tenencia conjunta o interés de tenencia
Disclaimer of Property
Interest-Virginia
Code of Virginia
Title 64.1 - WILLS AND DECEDENTS' ESTATES.
Chapter 8 - Disclaimer of Succession to Property
Right to disclaim succession to property passing under testamentary
instruments or by descent or distribution; disclaimer instrument.
An heir, next of kin, devisee, legatee, person
succeeding to a disclaimed interest, beneficiary under a testamentary instrument
or person designated to take pursuant to the exercise of a power of appointment
exercised by a testamentary instrument (or the personal representative
of any such deceased person) may disclaim in whole or in part the succession
to any property, real or personal, or interest therein by filing a written
instrument at the place and within the time hereinafter provided. The disclaimer
instrument shall (a) describe the property or part thereof or interest
therein disclaimed, (b) declare the disclaimer and the extent thereof and
(c) be signed and acknowledged by the disclaimant in the manner provided
for the execution of deeds of real estate.
Title 64.1, Chap. 8, §64.1-188.
Time and place of filing disclaimer of property passing under
testamentary Instruments.
The disclaimer instrument shall be filed within
nine months after the death of the decedent or the donee of the power,
as the case may be, or if the taker of the property or interest is not
then finally ascertained or his interest has not become indefeasibly fixed
both in quality and in quantity, then not later than nine months after
the event when the taker has become finally ascertained and his interest
has become indefeasibly fixed both in quality and quantity. Notwithstanding
the foregoing, any disclaimer instrument may be filed not later than the
date which is nine months after the taker of the property or interest has
reached the age of twenty-one years.
The instrument shall be filed with the court
in which the estate in this Commonwealth of the decedent (or the donee
of the power) is administered or, if there has been no administration on
such estate within nine months of the date of death, then with the court
provided by law as the proper place of administration of the estate within
this Commonwealth. A copy of the instrument also shall be mailed to the
personal representative of the decedent or donee, if any, unless the person
making the disclaimer is the sole personal representative of the decedent
or the donee. If any interest in real estate located elsewhere in this
Commonwealth than in the jurisdiction of the court where the disclaimer
instrument is filed is disclaimed, a copy of the disclaimer instrument
shall also be recorded in the office of the clerk where deeds to real estate
located in such jurisdiction are recorded.
Title 64.1, Chap. 8, §64.1-189.
Effect of disclaimer of property passing under testamentary instruments
or by descent or distribution.
A. Unless the decedent or donee of the power has otherwise
provided by his will, the property or part thereof or interest therein
disclaimed and any future interest which is to take effect in possession
or enjoyment at or after the termination of the interest disclaimed, shall
descend or be distributed as if the disclaimant had predeceased the decedent,
or if the disclaimant is one designated to take pursuant to a power of
appointment exercised by a testamentary instrument, then as if the disclaimant
had predeceased the donee of the power; however, where the interest of
the disclaimant is disclaimed only upon the termination of one or more
prior estates and does not pass pursuant to the exercise of a power of
appointment, the property or part thereof or interest therein disclaimed
and any future interest which is to take effect in possession or enjoyment
at or after the termination of the interest disclaimed shall descend or
be distributed as if the decedent had himself died at the time of the close
of the immediately preceding estate, having survived the disclaimant.
B. In every case (except only as provided in subsection A hereof
as to the route of descent or distribution of the disclaimed property following
a prior estate) the disclaimer shall relate back for all purposes to the
date of the death of the decedent or the donee, as the case may be. A person
who has a present and a future interest in property and disclaims his present
interest in whole or in part, shall be deemed to have disclaimed his future
interest to the same extent if such disclaimer of a present interest would
cause the future interest to become a present interest.
Title 64.1, Chap. 8, §64.1-190.
Right to disclaim succession to property passing under nontestamentary
instruments.
A grantee, donee, person succeeding to a disclaimed
interest, beneficiary under a nontestamentary instrument or person designated
to take pursuant to a power of appointment exercised by a nontestamentary
instrument (or the personal representative of any such deceased person)
may disclaim in whole or in part the succession to any property, real or
personal, or interest therein. A surviving joint tenant or tenant by the
entirety may disclaim as a separate interest any property or interest therein
devolving to him by right of survivorship. A surviving joint tenant or
tenant by the entirety may disclaim the entire interest in any property
or interest therein that is the subject of a joint tenancy or tenancy by
the entirety devolving to him, if the joint tenancy was created by the
act of a deceased joint tenant or tenant by the entirety and if the survivor
did not join in creating the joint tenancy or tenancy by the entirety.
A disclaimer shall be made by delivering or filing a written instrument
within the time and at the place provided in § 64.1-192. The disclaimer
instrument shall fulfill the requirements set forth in § 64.1-188
above in the case of an instrument disclaiming an inheritance.
Title 64.1, Chap. 8, §64.1-191.
Time and place of delivery or filing disclaimer to property passing
under nontestamentary instruments.
The disclaimer instrument shall be delivered
or filed within nine months after the effective date of the nontestamentary
instrument, or if the taker of the property or interest is not then finally
ascertained or his interest has not become indefeasibly fixed both in quality
and in quantity, then not later than nine months after the event when the
taker has become finally ascertained and his interest has become indefeasibly
fixed both in quality and in quantity. Notwithstanding the foregoing, any
disclaimer instrument may be filed not later than the date which is nine
months after the taker of the property or interest has reached the age
of twenty-one years. For purposes of this chapter, no instrument shall
be deemed to be effective so long as by its terms the maker has power to
revoke it or to transfer or direct to be transferred to himself the entire
legal and equitable ownership of the property subject to the instrument.
A copy of the instrument shall be delivered in
person or by registered or certified mail to the trustee or other person
who has legal title to, or possession of, the property disclaimed. If an
interest in real estate is disclaimed, a copy of the instrument shall also
be recorded in the court where deeds to real estate located in such jurisdiction
are recorded.
Title 64.1, Chap. 8, §64.1-192.
Effect of disclaimer of property passing under nontestamentary
instruments.
Unless otherwise provided in the nontestamentary
instrument, the property or part thereof or interest therein disclaimed
and any future interest which is to take effect in possession or enjoyment
at or after the termination of the interest disclaimed shall be distributed
as if the disclaimant had died before the effective date of the nontestamentary
instrument. The disclaimer shall relate back for all purposes to the effective
date of the instrument. A person who has a present and a future interest
in property and disclaims his present interest in whole or in part, shall
be deemed to have disclaimed his future interest to the same extent if
such disclaimer of a present interest would cause the future interest to
become a present interest.
Title 64.1, Chap. 8, §64.1-193.
Waiver and bar.
Any (a) assignment, conveyance, encumbrance,
pledge or transfer of property or interest therein or contract therefor,
(b) written waiver of right to disclaim or any acceptance of property or
interest therein by an heir, next of kin, devisee, legatee, grantee, donee,
person succeeding to a disclaimed interest, beneficiary under a nontestamentary
instrument or person designated to take pursuant to a power of appointment
exercised by a testamentary or nontestamentary instrument or (c) sale or
other disposition of property pursuant to judicial process made before
the expiration of the period in which the disclaimant may disclaim as herein
provided, bars the right to disclaim as to the property or interest.
The right to disclaim granted by this chapter
shall exist irrespective of any limitation on the interest of the disclaimant
in the nature of a spendthrift provision or similar restriction.
A disclaimer when delivered and recorded or filed
as provided in this chapter, or a written waiver of the right to disclaim,
shall be binding upon the disclaimant or person waiving and all parties
claiming by, through or under him.
Title 64.1, Chap. 8, §64.1-194.
Exclusiveness of remedy.
This chapter shall not abridge the right of
any person to assign, convey, release or renounce any property or interest
therein arising under any other statute.
Title 64.1, Chap. 8, §64.1-195.
Application of chapter.
Any interest in real or personal property which
exists on July 1, 1972, but which has not then become indefeasibly fixed
in quality and in quantity, or the taker of which has not then become finally
ascertained, may be disclaimed after July 1, 1972, in the manner provided
herein, but no interest which has arisen prior to July 1, 1972, in any
person other than the disclaimant shall be destroyed or diminished by any
action of the disclaimant taken pursuant to this chapter.
Title 64.1, Chap. 8, §64.1-196.
