Renunciation And Disclaimer of Property from Will by Testate
Disclaimer of Property Interest-New Hampshire
State of New Hampshire Revised Statutes
TITLE LVI Probate Courts and Decedents' Estates
Chapter 563-B: Uniform Disclaimer Of Property Interests Act
Right to Disclaim Interest in Property.
A person, including but not limited to any executor, administrator,
trustee, guardian, conservator, holder of a power of attorney or any other
fiduciary, to whom any property or interest therein devolves, by whatever
means, may disclaim it in whole or in part by delivering a written disclaimer
under this chapter. 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 LVI, Chap. 563-B, §563-B:1
Time of Disclaimer-Delivery.
I. Except as provided in paragraph III, if the property
or interest has devolved to the disclaimant under a testamentary instrument
or by the laws of intestacy, the disclaimer shall be delivered, as to a
present interest, not later than 9 months after the death of the deceased
owner or deceased donee of a power of appointment and, as to a future interest,
not later than 9 months after the event determining that the taker of the
property or interest has become finally ascertained and the taker's interest
is indefeasibly vested. 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 the donee of the power, to the holder
of the legal title to which the interest relates, or to the person entitled
to the property or interest in the event of disclaimer. A copy of 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.
II. Except as provided in paragraph III, if the property or interest
has devolved to the disclaimant under a nontestamentary instrument or contract,
the disclaimer shall be delivered, as to a present interest, not later
than 9 months after the effective date of the nontestamentary instrument
or contract and, as to a future interest, not later than 9 months after
the event determining that the taker of the property or interest has become
finally ascertained and the taker's interest indefeasibly vested. If the
person entitled to disclaim does not have actual knowledge of the existence
of the interest, the disclaimer shall be delivered not later than 9 months
after the taker had 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 the
maker or another the entire legal and equitable ownership of the interest.
The disclaimer shall be delivered in person or mailed by registered or
certified mail to the person who had legal title to or possession of the
interest disclaimed.
III. 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 9 months after the later of the date the transfer
is made or the day on which the person disclaiming attains age 21.
IV. A surviving joint tenant may disclaim as a separate interest
any property or interest therein devolving to a surviving joint tenant
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 the surviving joint tenant, if the joint tenancy was
created by act of a deceased joint tenant and to the extent that the survivor
did not contribute to the joint tenancy.
V. If real property or an interest therein is disclaimed, a copy
of the disclaimer shall be recorded in the registry of deeds of the county
in which the property or interest disclaimed is located.
Title LVI, Chap. 563-B, §563-B:2
Form of Disclaimer.
The disclaimer shall:
II. Declare the disclaimer and extent thereof, and
Title LVI, Chap. 563-B, §563-B:3
Effect of Disclaimer.
I. 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 the taker's 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.
II. 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 the 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.
III. 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 said disclaimant or person.
Title LVI, Chap. 563-B, §563-B:4
Waiver and Bar.
The right to disclaim property or an interest therein is barred
by:
I. An assignment, conveyance, encumbrance, pledge, or transfer
of the property or interest, or a contract therefor;
Title LVI, Chap. 563-B, §563-B:5
Remedy Not Exclusive.
This chapter does not abridge the right of a
person to waive, release, disclaim, or renounce property or an interest
therein under any other statute.
Title LVI, Chap. 563-B, §563-B:6
Application.
An interest in property that exists on January 1,
1997, as to which, if a present interest, the time for delivering a disclaimer
under this chapter, has not expired or, if a future interest, the interest
has not become indefeasibly vested or the taker finally ascertained, may
be disclaimed within 9 months after January 1, 1997.
Title LVI, Chap. 563-B, §563-B:7
Uniformity of Application and Construction.
This chapter shall be applied and construed
to effectuate its general purpose to make uniform the law with respect
to the subject of this chapter among states enacting it.
Title LVI, Chap. 563-B, §563-B:8
Short Title.
This chapter may be cited as the Uniform Disclaimer
of Property Interests Act.
Title LVI, Chap. 563-B, §563-B:9
