Section 9-210 - When barred. - Maryland Statutes

§ 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. 
 

[2004, ch. 465, § 2.]