469.020. Disclaimer, how and when made--delivery--right to disclaim. - Missouri Statutes

Disclaimer, how and when made--delivery--right to disclaim.

469.020. 1. A disclaimer is made by a writing showing anunconditional refusal to accept a transfer, or a portion thereof, signed bythe disclaimant, or representative, and delivered on or before nine monthsafter the transfer, or by any later time provided in the particular case orpursuant to other provisions of this chapter, and before any acceptance ofthe disclaimed interest. Delivery of a disclaimer may be accomplished bydelivery to the transferor, the transferor's personal representative orother legal representative, or the holder of the legal title to theproperty to which the interest related. A disclaimer involving an estateor property within the jurisdiction of the probate division of a circuitcourt may be filed in that division.

2. The right to disclaim exists notwithstanding any intention to thecontrary expressed by the transferor and notwithstanding any limitation onthe disclaimant such as a spendthrift provision or similar restriction.

(L. 1997 S.B. 265)