North Dakota § 30.1-10.1-08 (2-1111) Disclaimer of powers held in fiduciary capacity

North Dakota Statutes

§ 30.1-10.1-08 — (2-1111) Disclaimer of powers held in fiduciary capacity

North Dakota § 30.1-10.1-08

Title 30.1Uniform Probate Code

Ch. 30.1-10.1Disclaimer of Property Interests

This text of North Dakota § 30.1-10.1-08 ((2-1111) Disclaimer of powers 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 § 30.1-10.1-08 (2026).

Text

1.If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

2.If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

3.A disclaimer under this section is effective as to other fiduciaries if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.

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1. If a fiduciary disclaims a power held in a fiduciary capacity which has not been
exercised, the disclaimer takes effect as of the time the instrument creating the power
becomes irrevocable.
2. If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised,
the disclaimer takes effect immediately after the last exercise of the power.
3. A disclaimer under this section is effective as to other fiduciaries if the disclaimer so
provides and the fiduciary disclaiming has the authority to bind the estate, trust, or
other person for whom the fiduciary is acting.