Substitute House Bill No. 7048
          Substitute House Bill No. 7048

              PUBLIC ACT NO. 97-189


AN  ACT  CONCERNING  DISCLAIMERS  OF  INTERESTS IN
PROPERTY.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  45a-578  of  the general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  The  provisions  of  sections  45a-578 to
45a-585, inclusive, AS AMENDED BY THIS ACT,  shall
be liberally construed to promote their underlying
purpose  and  policy  of  readily  permitting  the
disclaimer of interests.
    (b)  As  used  in  said sections, (1) the term
"nontestamentary instrument" includes, but is  not
limited  to,  a  trust  other than a trust created
under a will, an annuity, a policy of life, health
or  accident  insurance,  a  bank  account  or any
contract or other document naming another party as
beneficiary thereof whether such beneficiary takes
by survivorship,  payment  on  death  or  outright
grant,  but  does  not  include  a  will;  [.  (2)
"Interest"] (2)  THE  TERM  "INTEREST"  means  any
interest  in property, real or personal, including
any power WHETHER GRANTED BY INSTRUMENT OR BY LAW,
even if held in a fiduciary capacity; (3) THE TERM
"WILL" INCLUDES ALL CODICILS THERETO; AND (4)  THE
TERMS  "JOINT  TENANCY", "JOINT TENANT" AND "JOINT
TENANTS" HAVE  THE  SAME  MEANING  AND  EFFECT  AS
PROVIDED IN SECTIONS 47-14a TO 47-14k, INCLUSIVE.
    (c)  A  disclaimer  which  complies  with  the
requirements of said sections is irrevocable.
    Sec.   2.   Section  45a-579  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  An  heir,  next of kin, devisee, legatee,
person  succeeding  to  a   disclaimed   interest,
beneficiary   under  a  [testamentary  instrument]
WILL, trustee, [of a nontestamentary trust,] donee
of   a   power   of   appointment   granted  by  a
[testamentary instrument or] WILL, appointee under
a    power   of   appointment   exercised   by   a
[testamentary  instrument]  WILL,  OR  ANY   OTHER
RECIPIENT OF AN INTEREST, may disclaim in whole or
in part any interest UNDER A WILL OR ANY  INTEREST
PASSING  BY  INTESTACY  by  delivering  a  written
disclaimer in the manner hereinafter provided.
    [(b)  A guardian of the estate, conservator of
the  estate,  executor,  administrator  or   other
personal  representative of the estate of a minor,
incapable person, or decedent, or the trustee of a
testamentary  trust, if such fiduciary deems it in
the best interests  of  those  interested  in  the
estate  of  such  person  or  such  trust  and not
detrimental  to  the  interests  of  such   minor,
incapable person, decedent's estate or such trust,
with the approval  of  the  probate  court  having
jurisdiction over such minor's, incapable person's
or decedent's estate or such trust,  may  disclaim
on  behalf of such estate or such trust within the
same time and  in  the  same  manner  as  could  a
capable person.]
    (b)  (1)  A  GUARDIAN  OR  CONSERVATOR  OF THE
ESTATE  OF  A  MINOR  OR  INCAPABLE   PERSON,   AN
EXECUTOR,    ADMINISTRATOR   OR   OTHER   PERSONAL
REPRESENTATIVE OF THE ESTATE  OF  A  DECEDENT,  IF
SUCH  FIDUCIARY  IS  NOT  AUTHORIZED  BY  WILL  TO
DISCLAIM,  OR  A   TRUSTEE   UNDER   A   WILL   OR
NONTESTAMENTARY  TRUST  INSTRUMENT  WHICH DOES NOT
AUTHORIZE  SUCH  TRUSTEE  TO  DISCLAIM,  MAY  WITH
APPROVAL  OF ANY PROBATE COURT HAVING JURISDICTION
UNDER SUBDIVISION (3) OF THIS SUBSECTION, DISCLAIM
ON   BEHALF   OF  SUCH  MINOR,  INCAPABLE  PERSON,
DECEDENT, DECEDENT'S ESTATE, OR TRUST, WITHIN  THE
SAME  TIME  AND  IN  THE  SAME  MANNER  AS COULD A
CAPABLE PERSON.
    (2)  IF  THE  WILL  UNDER  WHICH  AN EXECUTOR,
ADMINISTRATOR OR OTHER PERSONAL REPRESENTATIVE  OF
THE  ESTATE  OF  A  DECEDENT  OR THE WILL OR TRUST
INSTRUMENT UNDER WHICH A TRUSTEE OF A TESTAMENTARY
OR NONTESTAMENTARY TRUST IS ACTING AUTHORIZES SUCH
FIDUCIARY  TO  DISCLAIM  AND  DOES  NOT  EXPRESSLY
REQUIRE  PROBATE  COURT  APPROVAL OF A DISCLAIMER,
SUCH FIDUCIARY MAY  DISCLAIM  ON  BEHALF  OF  SUCH
DECEDENT, ESTATE OR TRUST WITHIN THE SAME TIME AND
IN THE SAME MANNER AS COULD A CAPABLE  PERSON  AND
NEED  NOT  SEEK  APPROVAL OF THE PROBATE COURT FOR
SUCH  DISCLAIMER,  PROVIDED  SUCH  FIDUCIARY   MAY
PETITION  ANY  PROBATE  COURT  HAVING JURISDICTION
UNDER  SUBDIVISION  (3)  OF  THIS  SUBSECTION  FOR
AUTHORITY TO DISCLAIM.
    (3)  A  GUARDIAN  OR CONSERVATOR OF THE ESTATE
OF A  MINOR  OR  INCAPABLE  PERSON,  AN  EXECUTOR,
ADMINISTRATOR  OR OTHER PERSONAL REPRESENTATIVE OF
THE ESTATE OF A DECEDENT, OR  A  TRUSTEE  UNDER  A
WILL  OR  A  NONTESTAMENTARY  TRUST INSTRUMENT MAY
FILE A PETITION REQUESTING AUTHORITY  TO  DISCLAIM
AN  INTEREST  UNDER A WILL OR PASSING BY INTESTACY
IN THE PROBATE COURT HAVING JURISDICTION OVER SUCH
DISCLAIMING  FIDUCIARY,  AND  IF  THERE IS NO SUCH
COURT IN THIS STATE, IN THE PROBATE COURT FOR  ANY
DISTRICT  (A)  HAVING JURISDICTION OVER THE ESTATE
OR TRUST FROM WHICH THE INTEREST TO BE  DISCLAIMED
IS  DERIVED, (B) WHERE SUCH DISCLAIMING FIDUCIARY,
IF NOT A NATURAL PERSON, HAS A PLACE OF  BUSINESS,
(C)  WHERE  THE  TESTATOR OR INTESTATE PERSON FROM
WHOM THE INTEREST TO BE DISCLAIMED DERIVES RESIDED
AT THE TIME OF DEATH, (D) WHERE THE SETTLOR OF THE
DISCLAIMING TRUST  RESIDED  AT  THE  TIME  OF  ITS
CREATION,  RESIDED  AT  THE TIME OF SUCH SETTLOR'S
DEATH OR RESIDES AT THE TIME OF SUCH PETITION  OR,
(E)   WHERE   THE  DISCLAIMING  FIDUCIARY  OR  ANY
BENEFICIARY OF THE  DISCLAIMING  ESTATE  OR  TRUST
RESIDES. THE PROBATE COURT SHALL HAVE JURISDICTION
OVER PROCEEDINGS  FOR  AUTHORITY  TO  DISCLAIM  AS
PROVIDED  FOR  IN  THIS  SUBDIVISION.  A  PETITION
REQUESTING AUTHORITY TO DISCLAIM BY A FIDUCIARY OF
AN  ESTATE  OR  TRUST NOT OTHERWISE SUBJECT TO THE
JURISDICTION  OF  THE  PROBATE  COURT  SHALL   NOT
SUBJECT  SUCH  ESTATE OR TRUST OR ITS FIDUCIARY TO
THE CONTINUING JURISDICTION OF THE PROBATE COURT.
    (c)  The  disclaimer  shall  (1)  describe the
interest  disclaimed,  (2)  be  executed  by   the
disclaimant   in   the  manner  provided  for  the
execution of deeds of real property either by  the
laws  of this state or by the laws of the place of
execution, and (3) declare the disclaimer and  the
extent thereof.
    (d)  A  disclaimer under this section shall be
effective if made in the following manner:  (1)  A
disclaimer   of   a   present  interest  shall  be
delivered not later than the date  which  is  nine
months  after  THE  LATER OF: (A) The death of the
decedent [,] or the donee of the power or, (B)  IF
THE  DISCLAIMER  IS  MADE  BY  OR  ON  BEHALF OF A
NATURAL PERSON, the day on which [the disclaimant]
SUCH  PERSON  attains  the  age of eighteen years,
[whichever is later] OR, IF SUCH PERSON  DOES  NOT
SURVIVE  TO  THE AGE OF EIGHTEEN YEARS, THE DAY ON
WHICH SUCH PERSON DIES;  (2)  a  disclaimer  of  a
future  interest shall be delivered not later than
the date which is nine months after THE LATER  OF:
(A)  The  event  that determines that the taker of
the interest is finally ascertained and [his] SUCH
interest IS indefeasibly vested [,] or, (B) IF THE
DISCLAIMER IS MADE BY OR ON BEHALF  OF  A  NATURAL
PERSON,  the  day  on which [the disclaimant] SUCH
PERSON  attains  the  age   of   eighteen   years,
[whichever  is  later] OR, IF SUCH PERSON DOES NOT
SURVIVE TO THE AGE OF EIGHTEEN YEARS, THE  DAY  ON
WHICH  SUCH  PERSON DIES; (3) the disclaimer shall
be delivered to the legal  representative  of  the
estate  of  the  decedent or deceased donee of the
power or the holder of  the  legal  title  to  the
property to which the interest relates; AND (4) IF
AN INTEREST IN REAL PROPERTY IS DISCLAIMED, A COPY
OF  SUCH  DISCLAIMER SHALL ALSO BE RECORDED IN THE
OFFICE OF THE TOWN CLERK OF THE TOWN IN WHICH  THE
REAL  PROPERTY  IS SITUATED WITHIN SUCH NINE-MONTH
PERIOD, AND, IF A COPY OF SUCH DISCLAIMER  IS  NOT
SO  RECORDED,  IT SHALL BE INEFFECTIVE AGAINST ANY
PERSON OTHER THAN THE DISCLAIMANT, OR  THE  PERSON
ON  WHOSE BEHALF SUCH DISCLAIMER IS MADE, BUT ONLY
AS TO SUCH REAL PROPERTY INTEREST. Although not  a
condition to disclaimer, if within such nine-month
period, a copy of such disclaimer  and  a  receipt
therefor, executed by such legal representative or
such holder of legal title in the same  manner  as
provided  for  the  disclaimer,  are  filed in the
probate court having jurisdiction over the  estate
of  the  decedent  or  deceased donee, [and, if an
interest in real estate is disclaimed and recorded
in the office of the town clerk in which such real
estate is situated,] such action shall  constitute
conclusive evidence of timely disclaimer.
    [(e)  If a disclaimer is made pursuant to this
section, and the deceased  owner  or  donee  of  a
power  of appointment has not provided for another
disposition, the interest disclaimed shall devolve
as if the disclaimant had predeceased the decedent
or, if the disclaimant has been designated to take
under  a  power  of  appointment  exercised  by  a
testamentary instrument, as if the disclaimant had
predeceased   the   donee   of  the  power.  If  a
disclaimer is addressed to an interest disposed of
by  a  particular provision of an instrument, then
the interest disclaimed shall devolve  as  if  the
disclaimant had predeceased the decedent, but only
for purposes of that provision, and such  interest
may   devolve   to  or  for  the  benefit  of  the
disclaimant  under  other   provisions   of   such
instrument  or  by  intestacy. Any future interest
that takes effect in possession or enjoyment at or
after  the  termination of the interest disclaimed
shall  take  effect  as  if  the  disclaimant  had
predeceased  the  decedent  or  the  donee  of the
power. A disclaimer  shall  relate  back  for  all
purposes  to  the date of death of the decedent or
of the donee.]
    (e)  IF  A DISCLAIMER IS MADE PURSUANT TO THIS
SECTION, THE INTEREST DISCLAIMED SHALL DEVOLVE  AS
FOLLOWS:
    (1)  IF THE DECEASED OWNER OR DONEE OF A POWER
OF   APPOINTMENT   HAS   PROVIDED   FOR    ANOTHER
DISPOSITION  IN  THE  EVENT  OF  A DISCLAIMER, THE
INTEREST DISCLAIMED SHALL DEVOLVE AS  PROVIDED  IN
THE WILL IN THE EVENT OF A DISCLAIMER.
    (2)  IF THE DECEASED OWNER OR DONEE OF A POWER
OF  APPOINTMENT  HAS  NOT  PROVIDED  FOR   ANOTHER
DISPOSITION  IN  THE  EVENT  OF  A DISCLAIMER, THE
INTEREST DISCLAIMED SHALL DEVOLVE AS FOLLOWS:  (A)
IF  THE DISCLAIMANT IS A NATURAL PERSON ACTING FOR
HIMSELF OR HERSELF, THE INTEREST DISCLAIMED  SHALL
DEVOLVE  AS IF THE DISCLAIMANT HAD PREDECEASED THE
DECEASED OWNER  OR  THE  DONEE  OF  THE  POWER  OF
APPOINTMENT, AS THE CASE MAY BE.
    (B)  IF THE DISCLAIMANT IS ACTING ON BEHALF OF
A NATURAL PERSON, AS  ATTORNEY-IN-FACT,  GUARDIAN,
CONSERVATOR  OR OTHER PERSONAL REPRESENTATIVE, THE
INTEREST DISCLAIMED SHALL DEVOLVE AS IF THE PERSON
ON   WHOSE  BEHALF  THE  DISCLAIMER  IS  MADE  HAD
PREDECEASED THE DECEASED OWNER OR THE DONEE OF THE
POWER OF APPOINTMENT, AS THE CASE MAY BE.
    (C)   IF   THE  DISCLAIMANT  IS  AN  EXECUTOR,
ADMINISTRATOR  OR  OTHER  PERSONAL  REPRESENTATIVE
ACTING   ON  BEHALF  OF  A  DECEASED  PERSON,  THE
INTEREST  DISCLAIMED  SHALL  DEVOLVE  AS  IF   THE
DECEASED  PERSON ON WHOSE BEHALF THE DISCLAIMER IS
MADE HAD PREDECEASED THE  DECEASED  OWNER  OR  THE
DONEE OF THE POWER OF APPOINTMENT, AS THE CASE MAY
BE.
    (D)   IF   THE  DISCLAIMANT  IS  AN  EXECUTOR,
ADMINISTRATOR  OR  OTHER  PERSONAL  REPRESENTATIVE
ACTING  ON  BEHALF  OF  AN  ESTATE, THE DISCLAIMED
INTEREST,  OTHER  THAN  AN  INTEREST  THAT  IS   A
FIDUCIARY   POWER,   SHALL   DEVOLVE   AS  IF  THE
DISPOSITION TO THE ESTATE WERE INEFFECTIVE.
    (E)  IF  THE  DISCLAIMANT  IS THE TRUSTEE OF A
TRUST OR IS A  CORPORATION,  PARTNERSHIP,  LIMITED
LIABILITY  COMPANY,  FOUNDATION,  OR OTHER ENTITY,
THE DISCLAIMED INTEREST, OTHER  THAN  AN  INTEREST
THAT IS A FIDUCIARY POWER, SHALL DEVOLVE AS IF THE
DISPOSITION  TO   THE   TRUST   OR   ENTITY   WERE
INEFFECTIVE.
    (F)   IF   THE  DISCLAIMANT  IS  AN  EXECUTOR,
ADMINISTRATOR,   TRUSTEE,   OR   OTHER    PERSONAL
REPRESENTATIVE  AND  THE  INTEREST DISCLAIMED IS A
FIDUCIARY POWER, THE  EFFECT  OF  SUCH  DISCLAIMER
SHALL BE AS FOLLOWS: (i) IF THE DISCLAIMER IS MADE
BY ALL OF THE ACTING  FIDUCIARIES  FOR  THEMSELVES
AND  ON  BEHALF OF ALL SUCCESSOR FIDUCIARIES, THEN
THE DISCLAIMED FIDUCIARY POWER SHALL  BE  TREATED,
FOR  ALL  CURRENT  ACTING  FIDUCIARIES AND FOR ALL
SUCCESSOR FIDUCIARIES, AS IF SUCH FIDUCIARY  POWER
NEVER EXISTED; (ii) IF THE DISCLAIMER IS MADE BY A
FIDUCIARY FOR SUCH  FIDUCIARY  ALONE  BUT  NOT  ON
BEHALF OF OTHER OR SUCCESSOR FIDUCIARIES, THEN THE
DISCLAIMED FIDUCIARY POWER SHALL BE TREATED, AS TO
SUCH  DISCLAIMING  FIDUCIARY, AS IF SUCH FIDUCIARY
POWER NEVER EXISTED; HOWEVER, SUCH FIDUCIARY POWER
SHALL  CONTINUE TO BE EXERCISABLE BY ANY FIDUCIARY
WHO HAS NOT  DISCLAIMED  SUCH  POWER  AND  BY  ALL
SUCCESSOR FIDUCIARIES.
    (3)   IF  A  DISCLAIMER  IS  ADDRESSED  TO  AN
INTEREST DISPOSED OF BY A PARTICULAR PROVISION  OF
A WILL, THEN THE INTEREST DISCLAIMED SHALL DEVOLVE
PURSUANT TO SUBDIVISIONS (1) AND (2) OF SUBSECTION
(e) OF THIS SECTION, BUT ONLY FOR PURPOSES OF SUCH
PROVISION, AND SUCH INTEREST MAY DEVOLVE TO OR FOR
THE  BENEFIT  OF  THE  DISCLAIMANT, OR THE PERSON,
ESTATE, TRUST, CORPORATION,  PARTNERSHIP,  LIMITED
LIABILITY  COMPANY, FOUNDATION, OR OTHER ENTITY ON
WHOSE BEHALF THE DISCLAIMER IS MADE,  UNDER  OTHER
PROVISIONS   OF   SUCH   WILL,   BY  INTESTACY  OR
OTHERWISE.
    (4)  ANY  FUTURE INTEREST THAT TAKES EFFECT IN
POSSESSION  OR   ENJOYMENT   AT   OR   AFTER   THE
TERMINATION, WHETHER BY DEATH OR OTHERWISE, OF THE
INTEREST  DISCLAIMED   SHALL,   UNLESS   OTHERWISE
PROVIDED IN THE WILL, TAKE EFFECT, (A) IN THE CASE
OF A DISCLAIMER BY  OR  ON  BEHALF  OF  A  NATURAL
PERSON,  AS  IF  THE  DISCLAIMANT OR THE PERSON ON
WHOSE  BEHALF   THE   DISCLAIMER   IS   MADE   HAD
PREDECEASED THE DECEASED OWNER OR THE DONEE OF THE
POWER, AS THE CASE MAY BE, OR, (B) IN THE CASE  OF
A   DISCLAIMER  ON  BEHALF  OF  A  TRUST,  ESTATE,
CORPORATION,   PARTNERSHIP,   LIMITED    LIABILITY
COMPANY,  FOUNDATION,  OR  OTHER ENTITY, AS IF THE
DISPOSITION TO SUCH ENTITY WERE INEFFECTIVE.
    (5)  A  DISCLAIMER  SHALL  RELATE BACK FOR ALL
PURPOSES TO THE DATE  OF  DEATH  OF  THE  DECEASED
OWNER OR OF THE DONEE OF THE POWER OF APPOINTMENT.
    Sec.  3.  Subsection (a) of section 45a-580 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  The  right  to  disclaim  an  interest is
barred  by  any:   (1)   Assignment,   conveyance,
encumbrance, pledge or transfer of the interest or
any part thereof, (2) written waiver of the  right
to  disclaim such interest, (3) acceptance of such
interest or any of its benefits, [or] PROVIDED FOR
SUCH PURPOSE A FIDUCIARY POWER SHALL NOT BE DEEMED
ACCEPTED UNLESS IT HAS BEEN EXERCISED, (4) sale of
such interest under judicial sale, made before the
disclaimer is effected,  OR  (5)  FAILURE  BY  THE
OWNER OF THE EQUITY OF REDEMPTION IN SUCH INTEREST
IN REAL PROPERTY TO REDEEM PURSUANT TO A  JUDGMENT
OF STRICT FORECLOSURE.
    Sec.   4.   Section  45a-581  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The provisions of sections 45a-578 to 45a-585,
inclusive,  AS AMENDED  BY  THIS  ACT,  shall  not
abridge the right of any person to assign, convey,
release, [or] renounce  [any  interest arising] OR
DISCLAIM under any  other  statute or under common
law. The enactment  of  said sections shall not be
construed as an  impairment  of  the validity of a
partial or complete disclaimer, (1) whether or not
such disclaimer was made prior to October 1, 1981,
OR (2) WITH RESPECT TO A DISCLAIMER OF AN INTEREST
IN  JOINT  TENANCY  REAL  PROPERTY,  WHETHER  SUCH
DISCLAIMER WAS OR  IS MADE UNDER ANY OTHER STATUTE
OR COMMON LAW BEFORE, ON OR AFTER OCTOBER 1, 1997.
    Sec.   5.   Section  45a-583  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)   A   grantee,   donee,   joint-tenant  of
[personalty] PERSONAL PROPERTY OR  REAL  PROPERTY,
person   succeeding   to  a  disclaimed  interest,
beneficiary under  a  nontestamentary  instrument,
trustee,  [of a nontestamentary trust,] donee of a
power of appointment granted by a  nontestamentary
instrument,  or  an  appointee  under  a  power of
appointment   exercised   by   a   nontestamentary
instrument  OR  ANY OTHER RECIPIENT OF AN INTEREST
may disclaim in whole or, EXCEPT  AS  PROVIDED  IN
SUBSECTION  (f)  OF  THIS  SECTION,  in  part  any
interest UNDER  A  NONTESTAMENTARY  INSTRUMENT  by
delivering  a  written  disclaimer  in  the manner
hereinafter provided.
    [(b)  A guardian of the estate, conservator of
the  estate,  executor,  administrator  or   other
personal  representative of the estate of a minor,
incapable person, or decedent, or the trustee of a
nontestamentary  trust, if such fiduciary deems it
in the best interests of those interested  in  the
estate  of  such  person  or  such  trust  and not
detrimental  to  the  interests  of  such   minor,
incapable  person  or  decedent's  estate  or such
trust, with the  approval  of  the  probate  court
having  jurisdiction  over such minor's, incapable
person's or decedent's estate or such  trust,  may
disclaim  on  behalf  of such estate or such trust
within the same time and in  the  same  manner  as
could a capable person.]
    (b)  (1)  A  GUARDIAN  OR  CONSERVATOR  OF THE
ESTATE  OF  A  MINOR  OR  INCAPABLE   PERSON,   AN
EXECUTOR,    ADMINISTRATOR   OR   OTHER   PERSONAL
REPRESENTATIVE OF THE ESTATE  OF  A  DECEDENT,  IF
SUCH  FIDUCIARY  IS  NOT  AUTHORIZED  BY  WILL  TO
DISCLAIM,  OR  A   TRUSTEE   UNDER   A   WILL   OR
NONTESTAMENTARY  TRUST  INSTRUMENT  WHICH DOES NOT
AUTHORIZE SUCH  TRUSTEE  TO  DISCLAIM,  MAY,  WITH
APPROVAL  OF ANY PROBATE COURT HAVING JURISDICTION
UNDER SUBDIVISION (3) OF THIS SUBSECTION, DISCLAIM
ON   BEHALF   OF  SUCH  MINOR,  INCAPABLE  PERSON,
DECEDENT, DECEDENT'S ESTATE, OR TRUST, WITHIN  THE
SAME  TIME  AND  IN  THE  SAME  MANNER  AS COULD A
CAPABLE PERSON.
    (2)  IF  THE  WILL  UNDER  WHICH  AN EXECUTOR,
ADMINISTRATOR OR OTHER PERSONAL REPRESENTATIVE  OF
THE  ESTATE  OF  A  DECEDENT  OR THE WILL OR TRUST
INSTRUMENT UNDER WHICH A TRUSTEE OF A TESTAMENTARY
OR NONTESTAMENTARY TRUST IS ACTING AUTHORIZES SUCH
FIDUCIARY  TO  DISCLAIM  AND  DOES  NOT  EXPRESSLY
REQUIRE  PROBATE  COURT  APPROVAL OF A DISCLAIMER,
SUCH FIDUCIARY MAY  DISCLAIM  ON  BEHALF  OF  SUCH
DECEDENT, ESTATE OR TRUST WITHIN THE SAME TIME AND
IN THE SAME MANNER AS COULD A CAPABLE  PERSON  AND
NEED  NOT  SEEK  APPROVAL OF THE PROBATE COURT FOR
SUCH  DISCLAIMER,  PROVIDED  SUCH  FIDUCIARY   MAY
PETITION  ANY  PROBATE  COURT  HAVING JURISDICTION
UNDER  SUBDIVISION  (3)  OF  THIS  SUBSECTION  FOR
AUTHORITY TO DISCLAIM.
    (3)  A  GUARDIAN  OR CONSERVATOR OF THE ESTATE
OF A  MINOR  OR  INCAPABLE  PERSON,  AN  EXECUTOR,
ADMINISTRATOR  OR OTHER PERSONAL REPRESENTATIVE OF
THE ESTATE OF A DECEDENT, OR  A  TRUSTEE  UNDER  A
WILL  OR  A  NONTESTAMENTARY  TRUST INSTRUMENT MAY
FILE A PETITION REQUESTING AUTHORITY  TO  DISCLAIM
AN  INTEREST UNDER A NONTESTAMENTARY INSTRUMENT IN
THE PROBATE COURT HAVING  JURISDICTION  OVER  SUCH
DISCLAIMING  FIDUCIARY,  AND  IF  THERE IS NO SUCH
COURT IN THIS STATE, IN THE PROBATE COURT FOR  ANY
DISTRICT, (A) WHERE SUCH DISCLAIMING FIDUCIARY, IF
NOT A NATURAL PERSON, HAS A PLACE OF BUSINESS, (B)
WHERE  THE  CREATOR OF THE INTEREST RESIDED AT THE
TIME OF ITS CREATION, RESIDED AT THE TIME OF  SUCH
CREATOR'S  DEATH  OR  RESIDES  AT THE TIME OF SUCH
PETITION, (C) WHERE THE SETTLOR OF THE DISCLAIMING
TRUST RESIDED AT THE TIME OF ITS CREATION, RESIDED
AT THE TIME OF SUCH SETTLOR'S DEATH OR RESIDES  AT
THE  TIME  OF  SUCH  PETITION,  OR  (D)  WHERE THE
DISCLAIMING FIDUCIARY OR ANY  BENEFICIARY  OF  THE
DISCLAIMING  ESTATE  OR TRUST RESIDES. THE PROBATE
COURT SHALL HAVE JURISDICTION OVER PROCEEDINGS FOR
AUTHORITY  TO  DISCLAIM  AS  PROVIDED  FOR IN THIS
SUBDIVISION. A PETITION  REQUESTING  AUTHORITY  TO
DISCLAIM  BY A FIDUCIARY OF AN ESTATE OR TRUST NOT
OTHERWISE  SUBJECT  TO  THE  JURISDICTION  OF  THE
PROBATE  COURT  SHALL  NOT  SUBJECT SUCH ESTATE OR
TRUST  OR  ITS   FIDUCIARY   TO   THE   CONTINUING
JURISDICTION OF THE PROBATE COURT.
    (c)  The  disclaimer  shall  (1)  describe the
interest therein disclaimed, (2)  be  executed  by
the  disclaimant  in  the  manner provided for the
execution of deeds of real property either by  the
laws  of this state or by the laws of the place of
execution, and (3) declare the disclaimer and  the
extent thereof.
    (d)  A  disclaimer under this section shall be
effective if made in the following manner:  (1)  A
disclaimer   of   a   present  interest  shall  be
delivered not later than the date  which  is  nine
months  after  THE LATER OF (A) the effective date
of the nontestamentary instrument OR, (B)  IF  THE
DISCLAIMER  IS  MADE  BY OR ON BEHALF OF A NATURAL
PERSON, THE DAY ON WHICH SUCH PERSON  ATTAINS  THE
AGE  OF EIGHTEEN YEARS OR, IF SUCH PERSON DOES NOT
SURVIVE TO THE AGE OF EIGHTEEN YEARS, THE  DAY  ON
WHICH  SUCH  PERSON  DIES.  (2)  A disclaimer of a
future interest shall be delivered not later  than
the  date  which is nine months after THE LATER OF
(A) the event determining that the  taker  of  the
interest  is finally ascertained and such interest
is indefeasibly vested  [.  (2)]  OR  (B)  IF  THE
DISCLAIMER  IS  MADE  BY OR ON BEHALF OF A NATURAL
PERSON, THE DAY ON WHICH SUCH PERSON  ATTAINS  THE
AGE  OF EIGHTEEN YEARS OR, IF SUCH PERSON DOES NOT
SURVIVE TO THE AGE OF EIGHTEEN YEARS, THE  DAY  ON
WHICH SUCH PERSON DIES. (3) If the disclaimant, OR
THE PERSON ON WHOSE BEHALF THE DISCLAIMER IS MADE,
does not have actual knowledge of the existence of
the interest, the disclaimer  shall  be  delivered
not later than the date which is nine months after
THE  LATER  OF  (A)  THE   DATE   ON   WHICH   the
disclaimant,  OR  THE  PERSON  ON WHOSE BEHALF THE
DISCLAIMER IS MADE, FIRST has actual knowledge  of
the   existence   of   the   interest  [.  If  the
disclaimant has not attained the age  of  eighteen
years, the disclaimer shall be delivered not later
than the date which  is  nine  months  after  such
person has attained. (3)] OR (B) IF THE DISCLAIMER
IS MADE BY OR ON BEHALF OF A NATURAL  PERSON,  THE
DAY  ON  WHICH  SUCH  PERSON  ATTAINS  the  age of
eighteen years OR, IF SUCH PERSON DOES NOT SURVIVE
TO  THE  AGE  OF  EIGHTEEN YEARS, THE DAY ON WHICH
SUCH PERSON DIES.  (4)  The  disclaimer  shall  be
delivered  to  the transferor of the interest, his
legal representative, or the holder of  the  legal
title  to  the  property  to  which  such interest
relates. [Although not a condition to  disclaimer,
if]  (5)  IF an interest in real [estate] PROPERTY
is disclaimed, [and] a  copy  of  such  disclaimer
[and   a   receipt   therefor,  executed  by  such
transferor or legal representative  or  holder  of
the legal title in the same manner as provided for
the disclaimer, are] SHALL ALSO BE recorded in the
office  of  the  town  clerk  in  which  the  real
[estate]  PROPERTY   is   situated   within   such
nine-month  period,  [such action shall constitute
conclusive evidence of timely disclaimer. (4) The]
AND  IF  A  COPY  OF  SUCH  DISCLAIMER  IS  NOT SO
RECORDED, IT  SHALL  BE  INEFFECTIVE  AGAINST  ANY
PERSON  OTHER  THAN THE DISCLAIMANT, OR THE PERSON
ON WHOSE BEHALF SUCH DISCLAIMER IS MADE, BUT  ONLY
AS   TO  SUCH  REAL  PROPERTY  INTEREST.  FOR  THE
PURPOSES OF THIS SECTION, THE effective date of  a
[revocable,]  nontestamentary  instrument  is  the
date on which the maker no  longer  has  power  to
revoke  it  or to transfer to the maker or another
the entire legal and equitable  ownership  of  the
interest.
    [(e)  If  an  interest  has  devolved  to  the
disclaimant under a nontestamentary instrument and
such  instrument  does  not  provide  for  another
disposition, the interest disclaimed shall devolve
as   if   the  disclaimant  had  died  before  the
effective date of such  instrument.  A  disclaimer
shall  relate  back for all purposes to that date.
Any  future  interest   that   takes   effect   in
possession   or   enjoyment   at   or   after  the
termination of the interest disclaimed shall  take
effect  as  if the disclaimant had died before the
effective date of the  nontestamentary  instrument
that  transferred  the  interest  disclaimed. If a
disclaimer is addressed to an interest disposed of
by  a  particular  provision  of a nontestamentary
instrument  then  the  interest  disclaimed  shall
devolve  as if the disclaimant had died before the
effective date of such instrument,  but  only  for
purposes  of that provision, and such interest may
devolve to or for the benefit of  the  disclaimant
under  other  provisions  of such instrument or by
intestacy.]
    (e)    EXCEPT   AS   OTHERWISE   PROVIDED   IN
SUBSECTION (f) OF THIS SECTION, IF A DISCLAIMER IS
MADE   PURSUANT  TO  THIS  SECTION,  THE  INTEREST
DISCLAIMED SHALL DEVOLVE AS FOLLOWS:
    (1)    IF   THE   NONTESTAMENTARY   INSTRUMENT
PROVIDES FOR ANOTHER DISPOSITION IN THE EVENT OF A
DISCLAIMER,  THE INTEREST DISCLAIMED SHALL DEVOLVE
AS PROVIDED IN THE NONTESTAMENTARY  INSTRUMENT  IN
THE EVENT OF A DISCLAIMER.
    (2)  IF  THE  NONTESTAMENTARY  INSTRUMENT DOES
NOT PROVIDE FOR ANOTHER DISPOSITION IN  THE  EVENT
OF  A  DISCLAIMER,  THE  INTEREST DISCLAIMED SHALL
DEVOLVE AS FOLLOWS:
    (A)  IF  THE  DISCLAIMANT  IS A NATURAL PERSON
ACTING  FOR  HIMSELF  OR  HERSELF,  THE   INTEREST
DISCLAIMED SHALL DEVOLVE AS IF THE DISCLAIMANT HAD
DIED IMMEDIATELY BEFORE THE EFFECTIVE DATE OF SUCH
NONTESTAMENTARY INSTRUMENT.
    (B)  IF THE DISCLAIMANT IS ACTING ON BEHALF OF
A NATURAL PERSON, AS  ATTORNEY-IN-FACT,  GUARDIAN,
CONSERVATOR  OR OTHER PERSONAL REPRESENTATIVE, THE
INTEREST DISCLAIMED SHALL DEVOLVE AS IF THE PERSON
ON  WHOSE  BEHALF  THE DISCLAIMER IS MADE HAD DIED
IMMEDIATELY BEFORE  THE  EFFECTIVE  DATE  OF  SUCH
NONTESTAMENTARY INSTRUMENT.
    (C)   IF   THE  DISCLAIMANT  IS  AN  EXECUTOR,
ADMINISTRATOR  OR  OTHER  PERSONAL  REPRESENTATIVE
ACTING   ON  BEHALF  OF  A  DECEASED  PERSON,  THE
INTEREST  DISCLAIMED  SHALL  DEVOLVE  AS  IF   THE
DECEASED  PERSON ON WHOSE BEHALF THE DISCLAIMER IS
MADE HAD DIED  IMMEDIATELY  BEFORE  THE  EFFECTIVE
DATE OF SUCH NONTESTAMENTARY INSTRUMENT.
    (D)   IF   THE  DISCLAIMANT  IS  AN  EXECUTOR,
ADMINISTRATOR  OR  OTHER  PERSONAL  REPRESENTATIVE
ACTING  ON  BEHALF  OF  AN  ESTATE,  THE  INTEREST
DISCLAIMED SHALL DEVOLVE AS IF THE DISPOSITION  TO
THE ESTATE WERE INEFFECTIVE.
    (E)  IF  THE  DISCLAIMANT  IS THE TRUSTEE OF A
TRUST OR IS A  CORPORATION,  PARTNERSHIP,  LIMITED
LIABILITY  COMPANY,  FOUNDATION,  OR OTHER ENTITY,
THE DISCLAIMED INTEREST, OTHER  THAN  AN  INTEREST
THAT IS A FIDUCIARY POWER, SHALL DEVOLVE AS IF THE
DISPOSITION  TO   THE   TRUST   OR   ENTITY   WERE
INEFFECTIVE.
    (F)  IF  THE  DISCLAIMANT IS A TRUSTEE AND THE
INTEREST DISCLAIMED  IS  A  FIDUCIARY  POWER,  THE
EFFECT OF SUCH DISCLAIMER SHALL BE AS FOLLOWS: (i)
IF THE DISCLAIMER IS MADE BY  ALL  OF  THE  ACTING
TRUSTEES  FOR  THEMSELVES  AND  ON  BEHALF  OF ALL
SUCCESSOR TRUSTEES, THEN THE DISCLAIMED  FIDUCIARY
POWER  SHALL  BE  TREATED,  FOR ALL CURRENT ACTING
TRUSTEES AND FOR ALL  SUCCESSOR  TRUSTEES,  AS  IF
SUCH  FIDUCIARY  POWER  NEVER EXISTED; (ii) IF THE
DISCLAIMER IS MADE BY A TRUSTEE FOR  SUCH  TRUSTEE
ALONE  BUT  NOT  ON  BEHALF  OF OTHER OR SUCCESSOR
TRUSTEES,  THEN  THE  DISCLAIMED  FIDUCIARY  POWER
SHALL  BE TREATED, AS TO SUCH DISCLAIMING TRUSTEE,
AS IF SUCH FIDUCIARY POWER NEVER EXISTED; HOWEVER,
SUCH   FIDUCIARY   POWER   SHALL  CONTINUE  TO  BE
EXERCISABLE BY ANY TRUSTEE WHO HAS NOT  DISCLAIMED
SUCH POWER AND BY ALL SUCCESSOR TRUSTEES.
    (3)   IF  A  DISCLAIMER  IS  ADDRESSED  TO  AN
INTEREST DISPOSED OF BY A PARTICULAR PROVISION  OF
A  NONTESTAMENTARY  INSTRUMENT,  THEN THE INTEREST
DISCLAIMED SHALL DEVOLVE PURSUANT TO  SUBDIVISIONS
(1)  AND  (2)  OF  THIS  SUBSECTION,  BUT ONLY FOR
PURPOSES OF SUCH PROVISION, AND SUCH INTEREST  MAY
DEVOLVE  TO OR FOR THE BENEFIT OF THE DISCLAIMANT,
OR  THE  PERSON,   ESTATE,   TRUST,   CORPORATION,
PARTNERSHIP,     LIMITED     LIABILITY    COMPANY,
FOUNDATION, OR OTHER ENTITY ON  WHOSE  BEHALF  THE
DISCLAIMER IS MADE, UNDER OTHER PROVISIONS OF SUCH
NONTESTAMENTARY  INSTRUMENT,   BY   INTESTACY   OR
OTHERWISE.
    (4)  ANY  FUTURE INTEREST THAT TAKES EFFECT IN
POSSESSION  OR   ENJOYMENT   AT   OR   AFTER   THE
TERMINATION, WHETHER BY DEATH OR OTHERWISE, OF THE
INTEREST  DISCLAIMED   SHALL,   UNLESS   OTHERWISE
PROVIDED  IN  THE NONTESTAMENTARY INSTRUMENT, TAKE
EFFECT, (A) IN THE CASE OF A DISCLAIMER BY  OR  ON
BEHALF  OF A NATURAL PERSON, AS IF THE DISCLAIMANT
OR THE PERSON ON WHOSE BEHALF  THE  DISCLAIMER  IS
MADE  HAD  DIED  IMMEDIATELY  BEFORE THE EFFECTIVE
DATE OF SUCH NONTESTAMENTARY INSTRUMENT OR, (B) IN
THE  CASE  OF  A  DISCLAIMER ON BEHALF OF A TRUST,
ESTATE,    CORPORATION,    PARTNERSHIP,    LIMITED
LIABILITY COMPANY, FOUNDATION, OR OTHER ENTITY, AS
IF   THE   DISPOSITION   TO   SUCH   ENTITY   WERE
INEFFECTIVE.
    (5)  A  DISCLAIMER  SHALL  RELATE BACK FOR ALL
PURPOSES   TO   THE   EFFECTIVE   DATE   OF    THE
NONTESTAMENTARY INSTRUMENT.
    Sec.   6.   Section  45a-583  of  the  general
statutes is amended by adding  subsection  (f)  as
follows:
    (NEW)  (f)  The  disclaimer  of an interest in
real property by  a  joint  tenant  following  the
death  of another joint tenant shall have the same
effect as if (1) before dying, the deceased  joint
tenant  had severed his interest by conveyance to,
and receipt of, reconveyance from, a stranger, (2)
such   severed  interest  of  the  deceased  joint
tenant, upon his death, had passed in equal shares
to   any  nondisclaiming  joint  tenant  or  joint
tenants, and (3) if there were  no  nondisclaiming
joint  tenants,  as if such interest had passed as
part of the estate of the deceased  joint  tenant.
If  the  disclaimed  interest  is  deemed  to have
passed to more than one  surviving  joint  tenant,
such  surviving  joint  tenants  shall  hold  such
disclaimed interest as tenants in common.  If  two
or  more  joint tenants survive the deceased joint
tenant, the  joint  tenancy  interests  they  held
prior  to  the  death of the deceased joint tenant
shall remain joint tenancy interests  as  to  each
other. A partial disclaimer of an interest in real
property by a joint tenant shall be void.

Approved June 24, 1997