North Dakota § 30.1-10.1-06 (2-1109) Disclaimer of powers of appointment and other powers not held in fiduciary capacity

North Dakota Statutes

§ 30.1-10.1-06 — (2-1109) Disclaimer of powers of appointment and other powers not held in fiduciary capacity

North Dakota § 30.1-10.1-06

Title 30.1Uniform Probate Code

Ch. 30.1-10.1Disclaimer of Property Interests

This text of North Dakota § 30.1-10.1-06 ((2-1109) Disclaimer of powers of appointment and other powers not held in fiduciary capacity) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30.1-10.1-06 (2026).

Text

in fiduciary capacity.

1.If a holder disclaims a power of appointment or other power not held in a fiduciary capacity and if the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

2.If a holder disclaims a power of appointment or other power not held in a fiduciary capacity and if the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the date of the last exercise of the power.

3.If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the instrument creating the power is construed as if the power ceased to exist when the disclaimer became effect

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in fiduciary capacity.
1. If a holder disclaims a power of appointment or other power not held in a fiduciary
capacity and if the holder has not exercised the power, the disclaimer takes effect as of
the time the instrument creating the power becomes irrevocable.
2. If a holder disclaims a power of appointment or other power not held in a fiduciary
capacity and if the holder has exercised the power and the disclaimer is of a power
other than a presently exercisable general power of appointment, the disclaimer takes
effect immediately after the date of the last exercise of the power.

3. If a holder disclaims a power of appointment or other power not held in a fiduciary
capacity, the instrument creating the power is construed as if the power ceased to exist
when the disclaimer became effective.