56 sections in this chapter.
W. Va. Code § 42-6-4 Article supplemented by other law
0.3K chars
(a) Unless displaced by a provision of this article, the principles of law and equity supplement this article. (b) This article 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 article.
W. Va. Code § 42-6-5 Power to disclaim; general requirements; when irrevocable
2.0K chars
(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 even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation…
W. Va. Code § 42-6-6 Disclaimer of interest property
1.9K chars
(a) In this section: (1) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment. (2) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (b) …
W. Va. Code § 42-6-7 Disclaimer of right of survivorship in jointly held property with right of survivorship
0.9K chars
(a) Upon the death of a holder of jointly held property with right of survivorship, a surviving holder may disclaim, in whole or part, the greater of: (1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately bef…
W. Va. Code § 42-6-8 Disclaimer of interest by trustee
0.1K chars
If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
W. Va. Code § 42-6-9 Disclaimer of power of appointment or other power not held in fiduciary capacity
0.6K chars
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 hol…