§ 30.1-10.1-02 — (2-1105) General provisions

North Dakota § 30.1-10.1-02

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-10.1: Disclaimer of Property Interests

Text

1. A person may disclaim, in whole or in 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.
2. Except to the extent the fiduciary's power to disclaim is expressly limited by another
statute of this state or by the instrument creating the fiduciary relationship, a fiduciary
may disclaim, in whole or in 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.
3. A partial disclaimer may be expressed as a fraction, percentage, monetary amount,
term of years, limitation of a power, or as any other interest or estate in the property.
4. A disclaimer must be in a writing or other record, declare the disclaimer, describe the
interest or power disclaimed, be signed by the person making the disclaimer, and be
delivered or filed in the manner provided in section 30.1-10.1-09.

5. A disclaimer becomes irrevocable upon the later to occur of its delivery or filing as
provided in section 30.1-10.1-09, or when it becomes effective as provided in sections
30.1-10.1-03 through 30.1-10.1-08.
6. A disclaimer made under this chapter is not a transfer, assignment, or release.