California Probate Code

§ 285

PROB § 285 Effective Jan 1, 1995Div. 2 · Part 8 · Ch. 2

Statute text

(a)A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed.

(b)For the purpose of this section, a beneficiary has accepted an interest if any of the following occurs before a disclaimer is filed with respect to that interest:

(1)The beneficiary, or someone acting on behalf of the beneficiary, makes a voluntary assignment, conveyance, encumbrance, pledge, or transfer of the interest or part thereof, or contracts to do so; provided, however, that a beneficiary will not have accepted an interest if the beneficiary makes a gratuitous conveyance or transfer of the beneficiary’s entire interest in property to the person or persons who would have received the property had the beneficiary made an otherwise qualified disclaimer pursuant to this part.

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Legislative history

Amended by Stats. 1994, Ch. 806, Sec. 3. Effective January 1, 1995.