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statutes is repealed and the following is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statutes is repealed and the following is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