BLAIR LEE III, Acting Governor                        220 5

Disclaimer of Transfers under Nontestamentary Instruments
Act. Although survival is expressly precluded by Section 1
of the Uniform Acts, by reason of § 9-201(c) the right to
disclaim survives the death of the person having it. §
9-201(c) and § 9-201(d) are not in the Uniform Acts.

This Section makes it clear, as did prior § 9—101, that
a partial disclaimer is permitted. It is intended that a
disclaimer may relate to an undivided portion of an
interest; a specified value or amount or asset comprising
less than the whole of the property or interest; one or more
of the incidents of ownership of property, present or
future; the diminution of or limitation upon powers; and
other partial interests. For example, the following
disclaimers are permitted:

(1)    Disclaimer of an undivided one-half of the
property or interest.

(2)    Disclaimer of $5,000 of a $10,000 bequest.

(3)    Disclaimer of all but a life estate, where
a fee was devised.

(4)    Disclaimer of all but a power     to invade
trust corpus annually up to the greater of   $5,000 or 5
percent of the value of the trust corpus, where     a greater
power to invade trust corpus was granted.

(5)    Disclaimer of an interest in property which
otherwise would devolve to the disclaimant by right of
survivorship. In the case of a tenancy by the entireties,
even though the actuarial factors for the spouses may
differ, the interest which would devolve by right of
survivorship is an undivided one—half interest in the
property.

The reference to "power" in § 9—201 (d) is intended to
include administrative powers as well as powers of
appointment.

Although valid and effective under this subtitle, a
partial disclaimer may not constitute a "qualified
disclaimer" for federal gift tax purposes under Section 2518
of the Internal Revenue Code of 1954.

9-202.

(A) IF THE PROPERTY OR INTEREST HAS DEVOLVED TO THE
DISCLAIMANT UNDER A TESTAMENTARY INSTRUMENT OR BY THE LAWS
OF INTESTACY, THE DISCLAIMER SHALL BE FILED, IF OF A PRESENT
INTEREST, OR AN ENTIRE INTEREST IN A JOINT TENANCY OR
TENANCY BY THE ENTIRETIES, NOT LATER THAN NINE MONTHS AFTER
THE DEATH OF THE DECEASED OWNER OR DECEASED DONEE OF A POWER
OF APPOINTMENT AND, IF OF A FUTURE INTEREST, NOT LATER THAN
NINE MONTHS AFTER THE EVENT DETERMINING THAT THE TAKER OF
THE PROPERTY OR INTEREST IS FINALLY ASCERTAINED AND THAT HIS
RIGHT TO POSSESS OR ENJOY HIS INTEREST IS INDEFEASIBLY