739.402 When disclaimer is barred or limited. - Florida Statutes

739.402 When disclaimer is barred or limited.

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

   (2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

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

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

   (c) The interest sought to be disclaimed is sold pursuant to a judicial sale; or

   (d) The disclaimant is insolvent when the disclaimer becomes irrevocable.

   (3) 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.

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

   (5) A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.

History. s. 1, ch. 2005-108; s. 17, ch. 2009-115.