Title 18-C, Title 18-C

1. Form. Any person may execute a will on the following form, and the will must be presumed to be reasonable. This section does not limit any spousal rights, rights to exempt property or other rights set forth elsewhere in this Code. Maine Statutory Will NOTICE TO THE PERSON WHO …

In the absence of a finding of a contrary intention, the rules of construction in this Part control the construction of a will.

A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alternative devise" means a devise that is expressly created by a will and, under the terms of the will, can take effect instead of another devise…

1. Failed devise becomes part of residue. Except as provided in section 2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue. 2. Failed residuary devise passes in proportion. Except as provided in section 2-603, if the residue is…

1. Additional securities. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acqu…

1. Specifically devised property. A specific devisee has a right to specifically devised property in the testator's estate at the testator's death and to: A. Any balance of the purchase price, together with any security agreement, owed by a purchaser at the testator's death by re…

A specific devise passes subject to any mortgage interest existing at the date of death without right of exoneration, regardless of a general directive in the will to pay debts.

In the absence of a requirement that a power of appointment be exercised by a reference to the power or by an express or specific reference to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an int…

1. Property given during testator's lifetime. Property a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise in whole or in part only if: A. The will provides for deduction of the gift; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, …

In the absence of a finding of a contrary intention, the rules of construction in this Part control the construction of a governing instrument. The rules of construction in this Part apply to a governing instrument of any type, except as the application of a particular section is…

1. Requirement of survival by 120 hours under Code. For the purposes of this Code, except as provided in subsection 4, an individual who has not been established by clear and convincing evidence to have survived an event, including the death of another individual, by 120 hours is…

The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in Part 2, the provisions relating to…

A powerholder's substantial compliance with a formal requirement of appointment imposed in a governing instrument by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: [PL…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Distribution date" means the date when an immediate or postponed class gift takes effect in possession or enjoyment. [PL 2017, c. 402, Pt. A, §2 (…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alternative beneficiary designation" means a beneficiary designation that is expressly created by the governing instrument and, under the terms of…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alternative future interest" means an expressly created future interest that can take effect in possession or enjoyment instead of another future …

If a class gift in favor of "descendants," "issue" or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in poss…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Deceased child" or "deceased descendant" means a child or a descendant, respectively, who either predeceased the distribution date or is deemed to…

The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives" or "family," or lan…

If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relatives" or "family," or language of similar import, the property passe…

1. Divorce; annulment; separation. An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing…

A person who has been convicted of a crime of which the decedent was a victim is not entitled to the following benefits to the extent that the benefits do not exceed the amount of restitution the person owes to the decedent as a result of the sentence for the crime: [PL 2017, c. …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing…

The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a…

To achieve the transferor's tax objectives, the court may modify the terms of a governing instrument in a manner that is not contrary to the transferor's probable intention. The court may provide that the modification has retroactive effect.

1. Liability notwithstanding death. Whenever the death of a person is caused by a wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect ther…

This Part may be known and cited as "the Uniform Disclaimer of Property Interests Act."

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Disclaimant. "Disclaimant" means the person to whom a disclaimed interest or power would have p…

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

1. Principles of law and equity. Unless displaced by a provision of this Part, the principles of law and equity supplement this Part. 2. Right to waive, release, disclaim or renounce property interest. This Part does not limit any right of a person to waive, release, disclaim or …

1. Power to disclaim. 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 even if its creator imposed a spendthrift provision or similar restriction on transfer or a restric…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. [PL 2017, c. 402,…

1. Disclaimer by surviving holder of jointly held property. Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: A. A fractional share of the property determined by dividing the number one by the number of joint h…

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following provisions apply. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Disclaimer of unexercised power. If the holder has not exercised the power, the …

1. Disclaimer by appointee. 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. 2. Disclaimer by object or taker in default. A disclaimer of an in…

1. Disclaimer of unexercised power. 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. 2. Disclaimer of exercised power. If a fiduciary discla…

1. Beneficiary designation. As used in this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of: A. An annuity or insurance policy; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. A…

1. Bar pursuant to written waiver. A disclaimer is barred by a written waiver of the right to disclaim. 2. Bar pursuant to events. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: A. The disclaimant ac…

Notwithstanding any other provision of this Part, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated, pursuant to the provisions of 26 United States Code, as amended, or any successor statute, and the regulations promulgated thereunder, a…

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. Except as otherwise provided in section 2-912, subsection 7, pa…

Except as otherwise provided in section 2-913, an interest in or power over property existing on September 1, 2019 as to which the time for delivering or filing a disclaimer under law superseded by this Part has not expired may be disclaimed after September 1, 2019.

This Part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c) or authorize e…