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BLAIR LEE III, Acting Governor 2207
constitute "qualified disclaimers" for federal gift tax
purposes.
9-203.
THE DISCLAIMER SHALL BE IN WRITING AND SHALL (1)
DESCRIBE THE PROPERTY OF INTEREST DISCLAIMED, (2) DECLARE
THE DISCLAIMER AND ITS EXTENT, AND (3) BE SIGNED BY THE
DISCLAIMANT.
9-204.
(A) IF PROPERTY OR AN INTEREST IN IT DEVOLVED TO A
DISCLAIMANT UNDER A TESTAMENTARY INSTRUMENT, UNDER A POWER
OF APPOINTMENT EXERCISED BY A TESTAMENTARY INSTRUMENT, OR
UNDER THE LAWS OF INTESTACY, UNLESS THE DECEASED OWNER OR
DECEASED DONEE OF A POWER OF APPOINTMENT HAS PROVIDED
OTHERWISE:
(1) WHERE DEVOLUTION TO THE DISCLAIMANT IS
EXPRESSLY CONDITIONED ON THE DISCLAIMANT'S SURVIVAL OF THE
DECEASED OWNER OR THE DECEASED DONEE OF THE POWER OF
APPOINTMENT, THE PROPERTY OR INTEREST DISCLAIMED DEVOLVES AS
IF THE DISCLAIMANT HAD DIED IMMEDIATELY BEFORE THE DECEASED
OWNER OR THE DECEASED DONEE OF THE POWER. EXCEPT WHERE
DEVOLUTION TO THE DISCLAIMANT IS CONDITIONED EXPRESSLY ON
THE DISCLAIMANT'S SURVIVAL OF THE DECEASED OWNER OR THE
DECEASED DONEE OF THE POWER OF APPOINTMENT, THE PROPERTY OR
INTEREST DISCLAIMED DEVOLVES DIRECTLY TO THOSE PERSONS WHO
WOULD HAVE TAKEN THE PROPERTY OR INTEREST IF THE DISCLAIMANT
HAD DIED, INTESTATE, OWNING THE PROPERTY OR INTEREST,
IMMEDIATELY BEFORE THE DECEASED OWNER OR THE DECEASED DONEE
OF THE POWER.
(2) A FUTURE INTEREST THAT TAKES EFFECT IN
POSSESSION OR ENJOYMENT AT OR AFTER THE TERMINATION OF THE
ESTATE OR INTEREST DISCLAIMED TAKES EFFECT AS IF THE
DISCLAIMANT HAD DIED IMMEDIATELY BEFORE THE DECEASED OWNER
OR THE DECEASED DONEE OF THE POWER.
(B) IF PROPERTY OR AN INTEREST IN IT DEVOLVED TO A
DISCLAIMANT UNDER A NONTESTAMENTARY INSTRUMENT OR CONTRACT,
OR UNDER A POWER OF APPOINTMENT EXERCISED BY A
NONTESTAMENTARY INSTRUMENT, UNLESS THE INSTRUMENT OR
CONTRACT HAS PROVIDED OTHERWISE:
(1) WHERE DEVOLUTION TO THE DISCLAIMANT IS
EXPRESSLY CONDITIONED ON THE DISCLAIMANT'S SURVIVAL TO THE
EFFECTIVE DATE OF THE INSTRUMENT OR CONTRACT, THE PROPERTY
OR INTEREST DISCLAIMED DEVOLVES AS IF THE DISCLAIMANT HAD
DIED IMMEDIATELY BEFORE THE EFFECTIVE DATE OF THE INSTRUMENT
OR CONTRACT. EXCEPT WHERE DEVOLUTION TO THE DISCLAIMANT IS
CONDITIONED EXPRESSLY ON THE DISCLAIMANT'S SURVIVAL TO THE
EFFECTIVE DATE OF THE INSTRUMENT OR CONTRACT, THE PROPERTY
OR INTEREST DISCLAIMED DEVOLVES DIRECTLY TO THOSE PERSONS
WHO WOULD HAVE TAKEN THE PROPERTY OR INTEREST IF THE
DISCLAIMANT HAD DIED, INTESTATE, OWNING THE PROPERTY OR
INTEREST, IMMEDIATELY BEFORE THE EFFECTIVE DATE OF THE
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