North Dakota § 30.1-10.1-10 (2-1113) When disclaimer barred or limited

North Dakota Statutes

§ 30.1-10.1-10 — (2-1113) When disclaimer barred or limited

North Dakota § 30.1-10.1-10

Title 30.1Uniform Probate Code

Ch. 30.1-10.1Disclaimer of Property Interests

This text of North Dakota § 30.1-10.1-10 ((2-1113) When disclaimer barred or limited) 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 § 30.1-10.1-10 (2026).

Text

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 before the disclaimer becomes effective the disclaimant accepts the interest sought to be disclaimed; the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or makes a contract to do so; or, 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 past exercise unless the power is exercisable in favor of the disclaimant.

5.A disclaimer is b

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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 before the disclaimer becomes
effective the disclaimant accepts the interest sought to be disclaimed; the disclaimant
voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to
be disclaimed or makes a contract to do so; or, 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 past 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 this chapter.
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 this chapter had the disclaimer not been barred.
7. Notwithstanding any other provision of this chapter, if as a result of a disclaimer or
transfer the disclaimed or transferred interest is treated pursuant to the provisions of
title 26 of the United States Code or regulations promulgated under that title, as never
having been transferred to the disclaimant, then the disclaimer or transfer is effective
as a disclaimer under this chapter.