Oregon § 105.643 When disclaimer barred or limited

Oregon Statutes

§ 105.643 — When disclaimer barred or limited

Oregon § 105.643

Vol.3

Title 10Property Rights and Transactions

Ch. 105Property Rights

This text of Oregon § 105.643 (When disclaimer barred or limited) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 105.643 (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 any of the following events occurs before the disclaimer becomes effective:

(a)The disclaimant accepts the interest sought to be disclaimed;

(b)The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or

(c)The interest sought to be disclaimed is sold pursuant to a judicial sale.

(3)A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.

(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 previous exercise unless the

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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 any of the following events occurs before the disclaimer becomes effective:
(a) The disclaimant accepts the interest sought to be disclaimed;
(b) The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or
(c) The interest sought to be disclaimed is sold pursuant to a judicial sale.
(3) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.
(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 previous exercise unless the power is exercisable in favor of the disclaimant.
(5) A disclaimer is barred or limited if so provided by a law other than ORS 105.623 to 105.649.
(6) A disclaimer is barred if the purpose or effect of the disclaimer is to prevent recovery of money or property to be applied against a judgment for restitution under ORS 137.101 to 137.109.
(7) A disclaimer of a power over property that is barred under this section is ineffective. A disclaimer of an interest in property that is barred under this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under ORS 105.623 to 105.649 had the disclaimer not been barred.