Alabama § 43-8-291 Right to Disclaim Interest in Property

Alabama Statutes

§ 43-8-291 — Right to Disclaim Interest in Property

Alabama § 43-8-291

Title 43Wills and Decedents’ Estates

Ch. 8Probate Code

Art. 11Uniform Disclaimer of Property Interests

This text of Alabama § 43-8-291 (Right to Disclaim Interest in Property) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-8-291 (2026).

Text

(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 or her by right of survivorship. A

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(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 or her 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 or her, 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.