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The Florida Senate

2010 Florida Statutes

Title XLII ESTATES AND TRUSTS
Chapter 739 FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT Entire Chapter
SECTION 402
When disclaimer is barred or limited.
F.S. 739.402
739.402

When disclaimer is barred or limited.

—
(1)

A disclaimer is barred by a written waiver of the right to disclaim.

(2)

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;

(c)

The interest sought to be disclaimed is sold pursuant to a judicial sale; or

(d)

The disclaimant is insolvent when the disclaimer becomes irrevocable.

(3)

A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

(4)

A disclaimer, in whole or in 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)

A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.

History.
—

s. 1, ch. 2005-108; s. 17, ch. 2009-115.