TITLE 34

Property

CHAPTER 34-5

Disclaimer of Certain Property Interests

SECTION 34-5-2



   § 34-5-2  Disclaimer of interest in estate.

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(a) Unless barred by the provisions of § 34-5-9, a beneficiary may

disclaim any interest in property which, except for the execution and filing of

a disclaimer in accordance with the provisions of this chapter, would pass to

the beneficiary:



   (1) By intestate succession, devise, legacy, bequest; as

beneficiary of a testamentary trust or beneficiary of a testamentary gift to a

nontestamentary trust; by succession in any manner described in this

subdivision to a disclaimed interest; or in any other manner not specified

above under a testamentary instrument or by operation of any statute or rule of

law governing devolution or disposition of property upon or after a person's

death.



   (2) As donee, grantee, beneficiary of an inter vivos trust,

beneficiary of an insurance or annuity contract, or as surviving joint tenant

or tenant by the entirety, except that a surviving joint tenant or tenant by

the entirety may not disclaim that portion of an interest in joint property or

property held by the entirety which is allocable to amounts contributed by him

or her to the interest in that property; under any deed, assignment, or other

nontestamentary instrument of conveyance or transfer; by succession in any

manner described in this subdivision to a disclaimed interest; or in any other

manner not specified above under a nontestamentary instrument or by operation

of any statute or rule of law.



   (b) Disclaimer may be made as provided in § 34-5-3 by

the duly appointed guardian or conservator of a beneficiary or by the legal

representative of a deceased beneficiary's estate.



History of Section.

(P.L. 1980, ch. 392, § 2.)