Ch. 465
2004 LAWS OF MARYLAND
(F) (1) A DISCLAIMER OF A POWER OVER PROPERTY THAT IS BARRED BY
THIS SECTION IS INEFFECTIVE.
(2) A DISCLAIMER OF AN INTEREST IN PROPERTY THAT IS BARRED BY
THIS SECTION TAKES EFFECT AS A TRANSFER OF THE INTEREST DISCLAIMED TO
THE PERSONS WHO WOULD HAVE TAKEN THE INTEREST UNDER THIS SUBTITLE HAD
THE DISCLAIMER NOT BEEN BARRED.
9-211.
IF AS A RESULT OF A DISCLAIMER OR TRANSFER THE DISCLAIMED OR
TRANSFERRED INTEREST IS TREATED PURSUANT TO THE PROVISIONS OF TITLE 26
OF THE UNITED STATES CODE, ANY OTHER SUCCESSOR STATUTE, OR REGULATIONS
AS NEVER HAVING BEEN TRANSFERRED TO THE DISCLAIMANT, THEN THE
DISCLAIMER OR TRANSFER IS EFFECTIVE AS A DISCLAIMER UNDER THIS SUBTITLE.
9-212.
(A) IF AN INSTRUMENT TRANSFERRING AN INTEREST IN OR POWER OVER
PROPERTY SUBJECT TO A DISCLAIMER IS REQUIRED OR PERMITTED BY LAW TO BE
FILED, RECORDED, OR REGISTERED, THE DISCLAIMER MAY BE FILED, RECORDED, OR
REGISTERED.
(B) FAILURE TO FILE, RECORD, OR REGISTER THE DISCLAIMER DOES NOT
AFFECT ITS VALIDITY AS BETWEEN THE DISCLAIMANT AND THE PERSONS TO WHOM
THE PROPERTY INTEREST OR POWER PASSES BY REASON OF THE DISCLAIMER
9-213.
EXCEPT AS OTHERWISE PROVIDED IN § 9-210 OF THIS SUBTITLE, AN INTEREST
IN OR POWER OVER PROPERTY EXISTING ON OCTOBER 1, 2004, AS TO WHICH THE
TIME FOR DELIVERING OR FILING A DISCLAIMER UNDER LAW SUPERSEDED BY THIS
SUBTITLE HAS NOT EXPIRED, MAY BE DISCLAIMED AFTER OCTOBER 1, 2004.
9-214.
IF ANY PROVISION OF THIS SUBTITLE OR ITS APPLICATION TO ANY PERSON OR
CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS SUBTITLE THAT CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
PROVISIONS OF THIS SUBTITLE ARE SEVERABLE.
9-215.
THIS SUBTITLE DOES NOT ABRIDGE THE RIGHT OF A PERSON TO WAIVE,
RELEASE, DISCLAIM, OR RENOUNCE PROPERTY OR AN INTEREST IN PROPERTY
UNDER ANY OTHER STATUTE.
9-216.
THIS SUBTITLE MAY BE CITED AS THE "MARYLAND UNIFORM DISCLAIMER OF
PROPERTY INTERESTS ACT".
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