Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 601. Short title.
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§ 601. Short title. This chapter may be cited as the “Delaware Disclaimer Act.”63 Del. Laws, c. 448, § 1; 75 Del. Laws, c. 302, § 1;
12 Del. C. § 602. Definitions.
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§ 602. Definitions. In this chapter, unless the context otherwise requires: (1) “Beneficiary designation” means a testamentary or nontestamentary instrument or contract, other than an instrument creating a trust, naming the beneficiary of: a. An annuity or insurance policy; b. An…
12 Del. C. § 603. Scope; property subject to disclaimer.
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§ 603. Scope; property subject to disclaimer. This chapter applies to disclaimers of any interest in or power over property, whenever created, and whether any interest in or power over property is disclaimed at the time of the creation of the interest in or power over property, o…
12 Del. C. § 604. Chapter supplemented by other law; chapter not exclusive.
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§ 604. Chapter supplemented by other law; chapter not exclusive. (a) Unless displaced by a provision of 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 property,…
12 Del. C. § 605. Power to disclaim; requisites and execution; when irrevocable.
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§ 605. Power to disclaim; requisites and execution; when irrevocable. (a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power notwithstanding any limitation under the terms …
12 Del. C. § 606. Disclaimer of interest in property.
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§ 606. Disclaimer of interest in property. (a) Except for a disclaimer governed by § 607 or § 608 of this title, the following rules apply to a disclaimer of an interest in property: (1) If the interest was created by an instrument, the disclaimer takes effect as of the time the …
12 Del. C. § 607. Disclaimer of rights of survivorship in jointly held property.
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§ 607. Disclaimer of rights of survivorship in jointly held property. (a) Upon the death of an owner of jointly held property: (1) If, during the deceased owner’s lifetime, the deceased owner could have unilaterally reacquired a portion of the property attributable to the decease…
12 Del. C. § 608. Disclaimer of interest by trustee.
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§ 608. Disclaimer of interest by trustee. Except as limited by § 3324(a) of this title, if a trustee disclaims an interest in property, as authorized under § 3325(1) of this title, that otherwise would have become trust property, the interest does not become trust property.63 Del…
12 Del. C. § 609. Disclaimer of power held in fiduciary capacity.
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§ 609. Disclaimer of power held in fiduciary capacity. If a holder who is a fiduciary disclaims a power held in a fiduciary capacity, the following rules apply: (1) If the fiduciary holder has not previously exercised the power held in a fiduciary capacity the disclaimer of the p…
12 Del. C. § 610. Disclaimer of power of appointment or other power not held in fiduciary capacity.
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§ 610. Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder that is not a fiduciary disclaims a power of appointment, whether such power is a general power of appointment or a power that is not a general power of appointment, or other powe…
12 Del. C. § 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment.
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§ 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment. (a) A disclaimer of an interest in property by an appointee of such interest in property as a result of an exercise of a power of appointment by a holder takes effect a…
12 Del. C. § 612. Delivery and recording requirements.
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§ 612. Delivery and recording requirements. (a) Subject to subsections (b) through (k) of this section, delivery of a disclaimer may be effected by personal delivery, first class mail, or any other method likely to result in its receipt, subject to the following: (1) A disclaimer…
12 Del. C. § 613. Disclaimers affecting real property.
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§ 613. Disclaimers affecting real property. If the property interest being disclaimed is an interest in real property, the disclaimer shall be acknowledged in the manner provided for deeds of real property. The disclaimer shall not be valid as against any person, except the benef…
12 Del. C. § 614. When disclaimer barred or limited.
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§ 614. When disclaimer barred or limited. (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 occur before the disclaimer becomes effective: (1) The disclaimant accepts the i…
12 Del. C. § 615. Tax qualified disclaimer.
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§ 615. Tax qualified disclaimer. 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 provisions of the Code, and the regulations promulgated thereunder, as never having b…
12 Del. C. § 616. Application to existing and expired relationships.
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§ 616. Application to existing and expired relationships. (a) Except as otherwise provided in § 614 of this title, an interest in or power over property existing on June 27, 2006, as to which the 9 months for receipt or filing a disclaimer under Delaware law superseded by this ch…
12 Del. C. § 617. Severability clause.
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§ 617. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given affect without the invalid provision or application, a…