Code of the District of Columbia

§ 19–1505. Power to disclaim; general requirements; when irrevocable.

(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

(b) Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the District of Columbia or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

(c)(1) To be effective, a disclaimer must:

(A) Be in a writing or other record;

(B) Declare the disclaimer;

(C) Describe the interest or power disclaimed;

(D) Be signed by the person making the disclaimer; and

(E) Be delivered or filed in the manner provided in § 19-1512.

(2) For the purposes of this subsection, the term:

(A) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(B) “Signed” means, with present intent to authenticate or adopt a record, to:

(i) Execute or adopt a tangible symbol; or

(ii) Attach to or logically associate with the record an electronic sound, symbol, or process.

(d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.

(e) A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 19-1512 or when it becomes effective as provided in §§ 19-1506 through 19-1511, whichever occurs later.

(f) A disclaimer made under this chapter is not a transfer, assignment, or release.


(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)

Editor's Notes

Uniform Law: This section is based upon § 5 of the Uniform Disclaimer of Property Interests Act (1999).