Montana § 72-2-829 When Disclaimer Barred Or Limited

Montana Statutes

§ 72-2-829 — When Disclaimer Barred Or Limited

Montana § 72-2-829

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 2UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS

Part 8General Provisions Concerning Probate and Nonprobate Transfers

This text of Montana § 72-2-829 (When Disclaimer Barred Or Limited) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-2-829 (2026).

Text

72-2-829 . When disclaimer 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; or

(c)a judicial sale of the interest sought to be disclaimed occurs.

(3)A disclaimer, in whole or 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 part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previo

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72-2-829 . When disclaimer 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; or
(c) a judicial sale of the interest sought to be disclaimed occurs.
(3) A disclaimer, in whole or 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 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 is barred or limited if so provided by law other than 72-2-817 through 72-2-833 .
(6) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under 72-2-817 through 72-2-833 had the disclaimer not been barred.