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HomeProbate CodeDiv. 2Pt. 8Ch. 2§ 281 Beneficiary Disclaimer Irrevocability

§ 281 Beneficiary Disclaimer Irrevocability

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 281 Beneficiary Disclaimer Irrevocability

This law says that once a disclaimer is in effect, it cannot be taken back and it applies to the person who gets the benefit and anyone else who might claim that benefit, even the person's creditors.

Key Takeaways

  • •A disclaimer, once active, cannot be undone.
  • •It binds the person who gets the benefit and anyone who might claim that benefit through them.
  • •Even the person's creditors are stuck by the disclaimer.

Example

Jane signs a disclaimer that says she won’t claim a piece of land left to her in a will. Later she tries to change her mind and ask for the land, and her bank tries to claim the land to cover a loan.

Because the disclaimer is irrevocable, Jane cannot get the land back, and the bank (as a creditor) also cannot claim it. The disclaimer stays forever and binds everyone involved.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 281 Beneficiary Disclaimer Irrevocability

A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claiming by, through, or under the beneficiary, including creditors of the beneficiary. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

disclaimerirrevocablebindingbeneficiarycreditors

Related Statutes

  • § 284 Disclaimer Waiver Rules
  • § 275 Beneficiary Disclaimer Of Interest
  • § 276 Conservator Disclaimer Court Order
  • § 277 Disclaimer Authority For Minors And Decedents
  • § 278 Disclaimer Writing Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 281.
View Official Source