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3A:25-45 - Devolution of disclaimed property or interest;  relation back to  date of death

3A:25-45.  Devolution of disclaimed property or interest;  relation back to  date of death
    Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves (a) as to a present interest, as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power, and (b) as to a future interest as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his interest indefeasibly vested.  A disclaimer relates back for all purposes to the date of death of the decedent or the donee of the power.

     L.1979, c. 484, s. 7 eff. Feb. 28, 1980.
 

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