Power To Disclaim; General Requirements; When Irrevocable

Sec. 240.009. POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE. (a) To be effective, a disclaimer must: (1) be in writing; (2) declare the disclaimer; (3) describe the interest or power disclaimed; (4) be signed by the person making the disclaimer; and (5) be delivered or filed in the manner provided by Subchapter C. (b) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property. (c) A disclaimer is irrevocable on the later of the date the disclaimer: (1) is delivered or filed under Subchapter C; or (2) takes effect as provided in Sections 240.051-240.056. (d) A disclaimer made under this chapter is not a transfer, assignment, or release. (e) A disclaimer of an interest in property made by an individual must contain a statement under penalty of perjury regarding whether the disclaimant is a child support obligor whose disclaimer is barred under Section 240.151(g). An individual's failure to include the statement does not invalidate a disclaimer if the disclaimer is not barred under Section 240.151(g). Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015. Amended by: Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 11, eff. September 1, 2021. SUBCHAPTER B. TYPE AND EFFECT OF DISCLAIMER