§ 9-210. When barred.

   (a) Written waiver. -- A disclaimer is barred by a written waiver of the right to disclaim.

(b) Occurrence of certain events. -- A disclaimer of an interest in property is barred if any of the following occurs before the disclaimer becomes effective:

   (1) The disclaimant accepts the interest sought to be disclaimed;

   (2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

   (3) A judicial sale of the interest sought to be disclaimed occurs.

(c) Future exercise of power held in fiduciary capacity. -- A disclaimer in whole or in part of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

(d) Future exercise of power not held in fiduciary capacity. -- A disclaimer in whole or in part of the future exercise of power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

(e) Barred by law. -- A disclaimer is barred or limited if so provided by law other than this subtitle.

(f) Effect when disclaimer barred. --

   (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.

HISTORY: 2004, ch. 465, § 2.