2208

LAWS OF MARYLAND

Ch. 744

INSTRUMENT OR CONTRACT.

(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 EFFECTIVE DATE
OF THE INSTRUMENT OR CONTRACT.

(C)    IF THE PROPERTY OR INTEREST DISCLAIMED IS OR,
IMMEDIATELY PRIOR TO THE DEATH OF A JOINT TENANT OR TENANT
BY THE ENTIRETIES, WAS SUBJECT TO A JOINT TENANCY OR TENANCY
BY THE ENTIRETIES, THE PROPERTY OR INTEREST DISCLAIMED
DEVOLVES AS IF THE DISCLAIMANT HAD PREDECEASED THE OTHER
JOINT TENANT OR TENANT BY THE ENTIRETIES. IF THE PROPERTY
OR INTEREST DISCLAIMED IS SUBJECT TO A JOINT TENANCY
INVOLVING MULTIPLE SURVIVING JOINT TENANTS AND IF ALL
SURVIVING JOINT TENANTS DISCLAIM, THE PROPERTY OR INTEREST
DISCLAIMED DEVOLVES AS IF ALL THE DISCLAIMANTS HAD
PREDECEASED THE DECEASED JOINT TENANT.

(D)    A DISCLAIMER OF A POWER WITH RESPECT TO PROPERTY
EXTINGUISHES THE POWER AS TO THE DISCLAIMANT.

(E)    A DISCLAIMER RELATES BACK FOR ALL PURPOSES TO THE
DATE OF DEATH OF THE DECEASED OWNER OR THE DECEASED DONEE OF
THE POWER, OR TO THE EFFECTIVE DATE OF THE NONTESTAMENTARY
INSTRUMENT OR CONTRACT.

(F)    THE DISCLAIMER IS BINDING UPON THE DISCLAIMANT
AND ALL PERSONS CLAIMING THROUGH OR UNDER HIM. CREDITORS OF
THE DISCLAIMANT HAVE NO INTEREST IN THE PROPERTY OR INTEREST
DISCLAIMED, WHETHER THEIR CLAIMS ARE BASED ON CONTRACT,
TORT, TAX OBLIGATIONS, OR OTHERWISE.

(G)    A DISCLAIMER MADE UNDER THIS SUBTITLE IS
IRREVOCABLE.

Comments to § 9-204

It generally has been thought that in the case of a
disclaimer, devolution should be the same as in the case of
a lapsed legacy. The Uniform Disclaimer of Property
Interests Act takes that approach, requiring reference to
the local lapse statute to determine the takers of
disclaimed property. § 4—403 of this Article differs from
the lapse statutes of most states, and reference to it,
particularly in cases involving nontestamentary instruments
or contracts, would rot be satisfactory. Rather than
requiring reference to § 4—403, this section provides its
own rules of devolution, which parallel the devolution
provided by § 4-403 to the extent possible. Note that in
cases involving testamentary instruments which contain
express survival requirements, reference to § 4—404 may be
required.

The application of § 9-204(a)(1) (and by analogy §
9-204 (b)(1)) may be illustrated by the following examples
involving requests under a will: