New Jersey § 3B:9-9 Bar of right to disclaim.

New Jersey Statutes

§ 3B:9-9 — Bar of right to disclaim.

New Jersey § 3B:9-9

Title 3BADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

This text of New Jersey § 3B:9-9 (Bar of right to disclaim.) 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. § 3B:9-9 (2026).

Text

3B:9-9. Bar of right to disclaim. a. The right of an individual to disclaim property or any interest therein is barred by:

(1)an assignment, conveyance, encumbrance, pledge or transfer of the property or interest or a contract therefor; or (2) a written waiver of the right to disclaim; or (3) an acceptance of the property or interest or a benefit under it after actual knowledge that a property right has been conferred; or (4) a sale of the property or interest that was seized under judicial process before the disclaimer is made; or (5) the expiration of the permitted applicable perpetuities period; or (6) a fraud on the individual's creditors as set forth in the "Uniform Voidable Transactions Act" (R.S.25:2-20 et seq.). b. The disclaimant shall not be barred from disclaiming all or any pa

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3B:9-9. Bar of right to disclaim. a. The right of an individual to disclaim property or any interest therein is barred by: (1) an assignment, conveyance, encumbrance, pledge or transfer of the property or interest or a contract therefor; or (2) a written waiver of the right to disclaim; or (3) an acceptance of the property or interest or a benefit under it after actual knowledge that a property right has been conferred; or (4) a sale of the property or interest that was seized under judicial process before the disclaimer is made; or (5) the expiration of the permitted applicable perpetuities period; or (6) a fraud on the individual's creditors as set forth in the "Uniform Voidable Transactions Act" (R.S.25:2-20 et seq.). b. The disclaimant shall not be barred from disclaiming all or any part of the balance of the property where the disclaimant has received a portion of the property and there still remains an interest which the disclaimant is yet to receive. c. A bar to the right to disclaim a present interest in joint property does not bar the right to disclaim a future interest in that property. d. The right to disclaim may be barred to the extent provided by other applicable statutory law. amended 1988, c.74, s.2; 2004, c.132, s.72; 2005, c.160, s.11; 2021, c.92, s.19.