Title 14 — Trusts, Estates and Protective Proceedings

This chapter may be cited as the Arizona uniform disclaimer of property interests act.

In this chapter, unless the context otherwise requires: 1. "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. 2. "Disclaimed interest" means the interest that would have passed to the disclaimant had the discl…

This chapter applies to disclaimers of any interest in or power over property, whenever created.

A. Unless displaced by this chapter, the principles of law and equity supplement this chapter. B. This chapter does not limit any right of a person to waive, release, disclaim or renounce an interest in or power over property under a law other than this chapter.

A. A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitati…

A. Except for a disclaimer governed by section 14-10007 or 14-10008, the following rules apply to a disclaimer of an interest in property: 1. The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the la…

A. On the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the greater of either: 1. A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the …

[Repealed or reserved.]

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: 1. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. 2. If the holde…

A. A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. B. A disclaimer of an interest in property by an object or taker in default of an exercise …

A. If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. B. If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised…

A. Subject to subsections B through K, delivery of a disclaimer may be effected by personal delivery, first class mail or any other method likely to result in its receipt. B. In the case of an interest created under the law of intestate succession or an interest created by will, …

A. A disclaimer is barred by a written waiver of the right to disclaim. B. A disclaimer of an interest in property is barred if any of the following events occurs before the disclaimer becomes effective: 1. The disclaimant accepts the interest sought to be disclaimed. 2. The disc…

Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated, pursuant to the internal revenue code as defined in section 43-105 and rules adopted pursuant to that section, as never having been t…

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Failure to file, record or register the disclaimer does not aff…

Except as otherwise provided in section 14-10013, an interest in or power over property existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effec…

This chapter modifies, limits and supersedes the federal electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States Code sections 7001 through 7006) but does not modify, limit or supersede section 101(c) of that act (15 United States …

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform disclaimer of property interests act and to the comments adopted by the national conference of …