Ch. 645

LAWS OF MARYLAND

the property devolves as if the disclaimant was domiciled in
the State; and providing for the application of this Act.

BY repealing and reenacting, with amendments,

Article - Estates and Trusts
Section 9-204(a)(l) and (b)(1)
Annotated Code of Maryland
(1974 Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Estates and Trusts

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, DOMICILED IN THE STATE OF
MARYLAND, owning the property or interest, 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

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