Alabama Renunciation and Disclaimer of Property from Will by Testate
Code of Alabama
Title 43 WILLS AND DECEDENTS' ESTATES.
Chapter 8 PROBATE CODE.
Article 11 Uniform Disclaimer of Property Interests.
Short title.
This article may be cited as the Alabama Uniform
Disclaimer of Property Interests Act.
Title 43, Chap. 8, Article 11, Section 43-8-290
Right to disclaim interest in property.
(a) A person, or the representative of a deceased, incapacitated
person, protected person, incompetent or ward, who is an heir, next of
kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding
to a disclaimed interest, beneficiary under a testamentary or nontestamentary
instrument or contract, or appointee under a power of appointment exercised
by a testamentary or nontestamentary instrument, or to whom any property
or interest therein devolves, by whatever means, may disclaim in whole
or in part the right of succession to any property or interest therein
by delivering or filing a written disclaimer under this article.
(b) A surviving joint tenant may disclaim as a separate interest
any property or interest therein devolving to him by right of survivorship.
A surviving joint tenant may disclaim the entire interest in any property
or interest therein that is the subject of a joint tenancy devolving to
him, if the joint tenancy was created by act of a deceased joint tenant,
if the survivor did not join in creating the joint tenancy.
(c) The right to disclaim exists notwithstanding any limitation
on the interest of the disclaimant in the nature of a spendthrift provision
or similar restriction.
Title 43, Chap. 8, Article 11, Section 43-8-291
Filing and delivery of disclaimer.
(a) Except as provided in subsection (c) of this section,
if the property or interest has devolved to the disclaimant under a testamentary
instrument or by the laws of intestacy, the disclaimer shall be filed,
as to a present interest, not later than nine months after the death of
the deceased owner or deceased donee of a power of appointment and, if
of a future interest, not later than nine months after the event determining
that the taker of the property or interest has become finally ascertained
and his interest is indefeasibly vested. The disclaimer shall be filed
in the probate court of the county in which proceedings for the administration
of the estate of the deceased owner or deceased donee of the power have
been commenced or, if they have not been commenced, in which they could
be commenced. A copy of the disclaimer shall be delivered in person or
mailed by registered or certified mail to any personal representative or
other fiduciary of the decedent or donee of the power.
(b) Except as provided in subsection (c) of this section, if the
property or interest has devolved to the disclaimant under a nontestamentary
instrument or contract, the disclaimer shall be delivered or filed, as
to a present interest, not later than nine months after the effective date
of the nontestamentary instrument or contract and, as to a future interest,
not later than nine months after the event determining that the taker of
the property or interest has become finally ascertained and his interest
is indefeasibly vested. If the person entitled to disclaim does not have
actual knowledge of the existence of the interest, the disclaimer shall
be delivered or filed not later than nine months after he has actual knowledge
of the existence of the interest. The effective date of a revocable instrument
or contract is the date on which the maker no longer has power to revoke
it or to transfer to himself or another the entire legal and equitable
ownership of the interest. The disclaimer or a copy thereof shall be delivered
in person or mailed by registered or certified mail to the trustee or other
person who has legal title to, or possession of, the interest disclaimed.
(c) In any case, as to a transfer creating an interest in the disclaimant
made after December 31, 1976, and subject to tax under chapter 11, 12,
or 13 of the Internal Revenue Code of 1954, as amended, a disclaimer intended
as a qualified disclaimer thereunder must specifically so state and must
be delivered not later than nine months after the later of the date the
transfer is made or the day on which the person disclaiming attains age
21.
(d) If real property or an interest therein is disclaimed, a copy
of the disclaimer instrument may be filed for record in the office of the
probate judge of the county in which the property or interest disclaimed
is located.
Title 43, Chap. 8, Article 11, Section 43-8-292
Form of disclaimer.
The disclaimer shall:
(1) Be in writing;
(2) Describe the property or interest disclaimed;
(3) Declare the disclaimer and extent thereof; and
(4) Be signed by the disclaimant.
Title 43, Chap. 8, Article 11, Section 43-8-293
Effect of disclaimer.
(a) If the property or interest devolved to a disclaimant
under a testamentary instrument or under the laws of intestacy and the
deceased owner or donee of a power of appointment has not provided for
another disposition, it devolves as if the disclaimant had predeceased
the decedent or, if the disclaimant was designated to take under a power
of appointment exercised by a testamentary instrument, as if the disclaimant
had predeceased the donee of the power. Any future interest that takes
effect in possession or enjoyment after the termination of the estate or
interest disclaimed takes effect as if the disclaimant had died before
the event determining that the taker of the property or interest had become
finally ascertained and his interest is indefeasibly vested. A disclaimer
relates back for all purposes to the date of death of the decedent, or
of the donee of the power, or the determinative event, as the case may
be.
(b) If the property or interest devolved to a disclaimant under
a nontestamentary instrument or contract and the instrument or contract
does not provide for another disposition:
(1) It devolves as if the disclaimant had died before the
effective date of the instrument or contract; and
(2) A future interest that takes effect in possession or enjoyment
at or after the termination of the disclaimed interest takes effect as
if the disclaimant had died before the event determining that the taker
of the property or interest had become finally ascertained and his interest
indefeasibly vested.
A disclaimer relates back for all purposes to the effective date of
the instrument or contract or the date of the determinative event, as the
case may be.
(c) The disclaimer or the written waiver of the right to
disclaim is binding upon the disclaimant or person waiving and all persons
claiming through or under him.
Title 43, Chap. 8, Article 11, Section 43-8-294
Waiver and bar.
The right to disclaim property or an interest therein is barred
by:
(1) An assignment, conveyance, encumbrance, pledge, or
transfer of the property or interest, or a contract therefor;
(2) A written waiver of the right to disclaim;
(3) An acceptance of the property or interest or a benefit thereunder;
or
(4) A sale of the property or interest under judicial sale made
before the disclaimer is effected.
Title 43, Chap. 8, Article 11, Section 43-8-295
Remedy not exclusive.
This article does not abridge the right of a
person to waive, release, disclaim, or renounce property or an interest
therein under any other statute.
Title 43, Chap. 8, Article 11, Section 43-8-296
Uniformity of application and construction.
This article shall be applied and construed
to effectuate its general purpose to make uniform the law with respect
to the subject of this article among states enacting it. It is the intent
of the legislature of the state of Alabama by this article to clarify the
laws of this state with respect to the subject matter hereof in order to
ensure the ability of persons to disclaim interests in property without
the imposition of federal and state estate, inheritance, gift and transfer
taxes. This article is to be interpreted and construed in accordance with,
and in furtherance of, that intent.
Title 43, Chap. 8, Article 11, Section 43-8-297
Applicability of article.
An interest in property that exists on the effective
date of this article as to which, if a present interest, the time for delivering
or filing a disclaimer under this article has not expired or, if a future
interest, the interest has not become indefeasibly vested or the taker
finally ascertained, may be disclaimed within nine months after the effective
date of this article.
Title 43, Chap. 8, Article 11, Section 43-8-298
