ROBERT L. EHRLICH, JR., Governor                         H.B. 1348

(B)     A DISCLAIMER UNDER SUBSECTION (A) OF THIS SECTION TAKES EFFECT
AS OF THE DEATH OF THE HOLDER OF JOINTLY HELD PROPERTY TO WHOSE DEATH
THE DISCLAIMER RELATES.

(C)     AN INTEREST IN JOINTLY HELD PROPERTY DISCLAIMED BY A SURVIVING
HOLDER OF THE PROPERTY PASSES AS IF THE DISCLAIMANT PREDECEASED THE
HOLDER TO WHOSE DEATH THE DISCLAIMER RELATES.

9-205.

IF A TRUSTEE DISCLAIMS AN INTEREST IN PROPERTY THAT OTHERWISE WOULD
BECOME TRUST PROPERTY, THE INTEREST DOES NOT BECOME TRUST PROPERTY.

9-206.

IF A HOLDER DISCLAIMS A POWER OF APPOINTMENT OF OR OTHER POWER NOT
HELD IN A FIDUCIARY CAPACITY, THE FOLLOWING RULES APPLY:

(1)      IF THE HOLDER HAS NOT EXERCISED THE POWER, THE DISCLAIMER
TAKES EFFECT AS OF THE TIME THE INSTRUMENT CREATING THE POWER BECOMES
IRREVOCABLE;

(2)      IF THE HOLDER HAS EXERCISED THE POWER AND THE DISCLAIMER
IS OF A POWER OTHER THAN A PRESENTLY EXERCISABLE GENERAL POWER OF
APPOINTMENT, THE DISCLAIMER TAKES EFFECT IMMEDIATELY AFTER THE LAST
EXERCISE OF THE POWER; AND

(3)      THE INSTRUMENT CREATING THE POWER IS CONSTRUED AS IF THE
POWER EXPIRED WHEN THE DISCLAIMER BECAME EFFECTIVE.

9-207.

(A)   A DISCLAIMER OF AN INTEREST IN PROPERTY BY AN APPOINTEE OF A
POWER OF APPOINTMENT TAKES EFFECT AS OF THE TIME THE INSTRUMENT BY
WHICH THE HOLDER EXERCISES THE POWER BECOMES IRREVOCABLE.

(B)  A DISCLAIMER OF AN INTEREST IN PROPERTY BY AN OBJECT OR TAKER IN
DEFAULT OF AN EXERCISE OF POWER OF APPOINTMENT TAKES EFFECT AS OF THE
TIME THE INSTRUMENT CREATING THE POWER BECOMES IRREVOCABLE.

9-208.

(A)     IF A FIDUCIARY DISCLAIMS A POWER HELD IN A FIDUCIARY CAPACITY
WHICH HAS NOT BEEN EXERCISED, THE DISCLAIMER TAKES EFFECT AS OF THE TIME
THE INSTRUMENT CREATING THE POWER BECOMES IRREVOCABLE.

(B)     IF A FIDUCIARY DISCLAIMS A POWER HELD IN A FIDUCIARY CAPACITY
THAT HAS BEEN EXERCISED, THE DISCLAIMER TAKES EFFECT IMMEDIATELY AFTER
THE LAST EXERCISE OF POWER

(C)     A DISCLAIMER UNDER THIS SECTION IS EFFECTIVE AS TO ANOTHER
FIDUCIARY IF THE DISCLAIMER SO PROVIDES AND THE FIDUCIARY DISCLAIMING
HAS THE AUTHORITY TO BIND THE ESTATE, TRUST, OR OTHER PERSON FOR WHOM
THE FIDUCIARY IS ACTING.

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