An act relating to the Uniform Disclaimer of Property Interests Act
Sponsored By: Nader A Hashim (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 1 costs, 4 mixed.
Accepting property can block later refusals
You cannot disclaim after giving up that right in writing. Before a refusal takes effect, accepting, transferring, pledging, or placing a lien on the interest also blocks a disclaimer. Agreeing to make such a transfer, or a court-ordered sale of the interest, also blocks it. Other laws can impose additional limits. A blocked refusal of a power has no effect; a blocked refusal of property instead acts as a transfer to the intended successor recipients.
Joint owners can refuse limited shares
After another joint owner dies, a surviving owner can refuse all or part of a share within a set limit. The limit is the greater of two amounts: the property's value divided by the number of owners alive just before death, or the value not attributable to the survivor's contribution. The refusal takes effect at the other owner's death. The refused share passes as if the survivor had died before that owner.
New rules for refusing inherited property
Effective June 8, 2026, Vermont replaces its old disclaimer law with new rules for refusing property or control over it. You can refuse all or part of an interest, including inheritances, trust gifts, insurance, retirement benefits, and jointly owned property. This right applies even when the document creating your interest restricts disclaimers. A parent can act for a child only without a material conflict of interest and without an existing or required guardian. Your signed paper or electronic record must state the refusal, describe the interest or power, and be delivered or filed. Delivery can be personal, by first-class mail, or by another method reasonably likely to reach the recipient. Real estate disclaimers must be recorded in the town where the property lies. Failure to record does not invalidate the disclaimer between you and people receiving property because of it. The refusal becomes final at the later of delivery or filing and its legal effective time. Transfers that federal tax law treats as never received by you also qualify as disclaimers. Existing interests remain eligible only if the old delivery or filing deadline was still open when the new law took effect.
Trust managers can refuse property powers
Trustees can refuse an interest so the property does not enter the trust. Fiduciaries, who manage property for others, can refuse interests or powers unless Vermont law or their governing document expressly restricts them. One fiduciary's refusal binds another only if it says so and the first has authority to bind the estate or trust. For someone acting outside a fiduciary role, an unexercised power ends when its creating document becomes irrevocable. After an exercised power's last use, a refusal takes effect immediately, except for a presently exercisable general power of appointment. Separate timing rules govern people entitled or eligible to receive property through a power of appointment.
Who receives property an heir refuses
A will, trust, or other document controls where refused property goes if it gives instructions for that situation. Otherwise, default rules generally treat an individual refusing property as having died just before distribution. Descendants or other successor beneficiaries then receive the property under the law's family-based rules. An organization refusing property is generally treated as not existing. A refusal generally takes effect when the document becomes irrevocable, or at death for an inheritance without a will.
Sponsors & Cosponsors
Sponsor
Nader A Hashim
Democratic • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Senate Message: Signed by Governor June 8, 2026
5/29/2026SenateSigned by Governor on June 8, 2026
5/29/2026SenateDelivered to Governor on June 2, 2026
5/29/2026SenateSenate Message: House proposal of amendment concurred in
5/13/2026SenateAs passed by Senate and House
5/12/2026SenateHouse proposal of amendment concurred in
5/12/2026SenateHouse proposal of amendment; text
5/12/2026SenateUnfinished Business/House Proposal of Amendment
5/12/2026SenateUnfinished Business/House Proposal of Amendment
5/8/2026SenateUnfinished Business/House Proposal of Amendment
5/7/2026SenateHouse proposal of amendment
5/6/2026SenateHouse proposal of amendment
5/5/2026SenateEntered on Notice Calendar
5/5/2026SenateHouse message: House passed bill in concurrence with proposal(s) of amendment
5/1/2026HouseRead third time and passed in concurrence with proposal of amendment
4/30/2026HouseAction Calendar: Third Reading
4/30/2026HouseThird Reading ordered
4/29/2026HouseRep. Goodnow of Brattleboro moved that the House propose to the Senate to amend the bill, which was agreed to
4/29/2026HouseRep. Kimbell of Woodstock recommended for the Committee on Ways and Means
4/29/2026HouseRep. Goodnow of Brattleboro reported for the Committee on Judiciary
4/29/2026HouseRead second time
4/29/2026HouseAction Calendar: Action postponed until April 29, 2026
4/29/2026HouseRep. LaLonde of South Burlington moved to postpone action until April 29, 2026, which was agreed to
4/28/2026HouseAction Calendar: Favorable
4/28/2026HouseNotice Calendar: Favorable
4/24/2026House
Bill Text
As Enacted (ACT 123)Opens in a new window
6/12/2026
As Passed by Both Chambers
5/27/2026
As Passed by Both Chambers (Unofficial)
5/27/2026
House Proposal of Amendment
5/1/2026
House Proposal of Amendment (Unofficial)
5/1/2026
As Passed by the Senate
3/17/2026
As Passed by the Senate (Unofficial)
3/17/2026
As Introduced
1/5/2026
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