§ 34-5-9 - Waiver or bar to right to disclaim. - Rhode Island Statutes

SECTION 34-5-9

   § 34-5-9  Waiver or bar to right todisclaim. – (a) The right to disclaim an interest in property shall be barred by:

   (1) Assignment, conveyance, encumbrance, pledge, transfer orother disposition of the interest, or any contract therefor, by the beneficiary;

   (2) Sale or other disposition of the interest pursuant tojudicial process made before the beneficiary has disclaimed the interest asprovided in this chapter;

   (3) A written waiver of the right to disclaim this interestpursuant to the provisions of this chapter, signed by the beneficiary, the dulyappointed guardian or conservator of a beneficiary, or the legal representativeof a deceased beneficiary's estate.

   (4) Acceptance of the interest by the beneficiary; if thebeneficiary, having knowledge of the existence of the interest, receiveswithout objection a benefit from that interest, such receipt shall be deemed toconstitute acceptance of the interest.

   (b) The assignment, conveyance, encumbrance, pledge, transferor other disposition or any contract therefor, sale or other dispositionpursuant to judicial process, written waiver of the right to disclaim, oracceptance of a part of an interest in property shall not bar the right todisclaim any other part of the interest.