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Session Laws, 1974
Volume 713, Page 138   View pdf image
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138                                         LAWS OF MARYLAND                          [Ch. 11

REVISOR'S NOTE: This section presently appears as
Art. 93, §8-115. A slight change is made in
language.

TITLE 9. SPECIAL PROVISIONS RELATING TO DISTRIBUTION.
SUBTITLE 1. GENERAL.

9-101. RENUNCIATION BY LEGATEE OR HEIR.
(A) METHOD.

IF A PERSON HAS NOT ACCEPTED POSSESSION AS LEGATEE
OR HEIR, HE MAY RENOUNCE TESTATE OR INTESTATE SUCCESSION
OR BOTH, IN WHOLE OR IN PART, BY DELIVERING A WRITTEN
RENUNCIATION TO THE REGISTER WITH A COPY TO THE PERSONAL
REPRESENTATIVE.

(E) EFFECT.

UNLESS THE DECEDENT OR DONEE OF A POWER OF
APPOINTMENT HAS PROVIDED OTHERWISE, THE PROPERTY OR PART
OR INTEREST RENOUNCED AND [[A]] ANY FUTURE INTEREST WHICH
IS TO TAKE EFFECT IN POSSESSION OR ENJOYMENT AT OR AFTER
THE TERMINATION OF THE INTEREST RENOUNCED, SHALL BE
DISTRIBUTED AS IF THE PERSON RENOUNCING HAD DIED
INTESTATE IMMEDIATELY BEFORE THE DECEDENT. IF THE PERSON
RENOUNCING WAS DESIGNATED TO TAKE PURSUANT TO A POWER OF
APPOINTMENT EXERCISED BY A TESTAMENTARY INSTRUMENT, THE
PROPERTY OR PART OR INTEREST SHALL BE DISTRIBUTED AS IF
THE PERSON RENOUNCING HAD DIED IMMEDIATELY BEFORE THE
DONEE OF THE POWER.

(C) RELATION BACK.

IN EVERY CASE THE RENUNCIATION RELATES BACK FOR ALL
PURPOSES TO THE DATE OF DEATH OF THE DECEDENT OR DONEE.
CREDITORS OF THE RENOUNCING LEGATEE OR HEIR HAVE NO
INTEREST IN THE PROPERTY RENOUNCED, WHETHER THEIR CLAIMS
ARE BASED ON CONTRACT, TORT, TAX OBLIGATIONS, OR
OTHERWISE.

REVISOR'S NOTE: This section presently appears as
Art. 93, §9—101. It is divided into three
subsections. The only other changes are in
language and style.

9-102. RENUNCIATION BY TESTAMENTARY TRUSTEE.
(A) GENERAL.

A TRUSTEE APPOINTED BY WILL TO EXECUTE A TRUST
CONTAINED IN IT MAY DECLINE TO ACCEPT THE APPOINTMENT BY
FILING A STATEMENT OF RENUNCIATION WITH THE REGISTER OF

 

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Session Laws, 1974
Volume 713, Page 138   View pdf image
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