New Jersey Statutes
§ 3A:25-45 — Devolution of disclaimed property or interest; relation back to date of death
New Jersey·Title 3A ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
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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Nearby Sections
13
§ 3A:25-12
Distribution; when and how made.§ 3A:25-39
Definitions.§ 3A:25-40
Devisee, beneficiary or appointee under testamentary instrument, or heir; whole or fractional share§ 3A:25-41
Instrument; formalities; contents§ 3A:25-43
Time of filing of instrument§ 3A:25-46
Bar of right to disclaim.§ 3A:25-47
Binding effect