New Jersey § 3A:25-45 Devolution of disclaimed property or interest;  relation back to  date of death

New Jersey Statutes

§ 3A:25-45 — Devolution of disclaimed property or interest; relation back to date of death

New Jersey § 3A:25-45

Title 3AADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

This text of New Jersey § 3A:25-45 (Devolution of disclaimed property or interest; relation back to date of death) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 3A:25-45 (2026).

Text

Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves (a) as to a present interest, as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power, and (b) as to a future interest as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his interest indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent or the donee of the power. L.1979, c. 484, s. 7 eff. Feb. 28, 1980.

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Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves (a) as to a present interest, as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power, and (b) as to a future interest as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his interest indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent or the donee of the power. L.1979, c. 484, s. 7 eff. Feb. 28, 1980.