Section 89-22-9 - Power to disclaim; general requirements; 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 even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.(b) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.(c) To the extent there is no material conflict of interest, a parent, as defined in Section 93-15-103(h), can disclaim on behalf of the parent's minor or incapacitated child, if a conservator or guardian has not been appointed for the child.(d) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in Section 89-22-25. In this subsection "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(e) 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.(f) A disclaimer becomes irrevocable when it is delivered or filed under Section 89-22-25 or when it becomes effective as provided in Sections 89-22-11 through 89-22-23 of this chapter, whichever occurs later.(g) A disclaimer made under this chapter is not a transfer, assignment, or release.(h) A person obligated to distribute an interest disclaimed under this chapter is not liable to any person for distributing the interest as if the interest were not disclaimed unless the person obligated to distribute the interest receives a copy of the disclaimer before distributing the interest.Added by Laws, 2020, ch. 406, SB 2851,§ 71, eff. 7/1/2020.