Florida Statutes § 739.402

When disclaimer is barred or limited

2026 Florida Statutes.

Amended 2026 Florida StatutesSee what changed

  1. (1)
    A disclaimer is barred by a written waiver of the right to disclaim.
  2. (2)
    A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
    1. (a)
      The disclaimant accepts the interest sought to be disclaimed;
    2. (b)
      The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;
    3. (c)
      The interest sought to be disclaimed is sold pursuant to a judicial sale; or
    4. (d)
      The disclaimant is insolvent when the disclaimer becomes irrevocable.
  3. (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. (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. (5)
    A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.

History

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