§ 284 Disclaimer Waiver Rules

This law lets someone who could normally refuse an inheritance or benefit instead sign a written waiver saying they give up that right, and once filed it cannot be changed and applies to anyone who later gets the benefit through them.

Key Takeaways

•You can replace a disclaimer with a written waiver.
•The waiver must say exactly what interest it covers.
•Once filed, the waiver is permanent and binds you and anyone who gets the benefit through you.

Example

Jane inherits a house from her aunt. Instead of filing a disclaimer to refuse the house, she signs a waiver saying she accepts the house.

Because Jane filed the waiver as required, she cannot later change her mind and say she doesn't want the house, and anyone who later inherits the house through Jane must follow the same rule.

A person who could file a disclaimer under this part may instead file a written waiver of the right to disclaim. The waiver shall specify the interest to which the waiver applies. Upon being filed as provided in Section 280, the waiver is irrevocable and is binding upon the beneficiary and all persons claiming by, through, or under the beneficiary. (Enacted by Stats. 1990, Ch. 79.)

Key Takeaways

•You can replace a disclaimer with a written waiver.
•The waiver must say exactly what interest it covers.
•Once filed, the waiver is permanent and binds you and anyone who gets the benefit through you.

Example

Jane inherits a house from her aunt. Instead of filing a disclaimer to refuse the house, she signs a waiver saying she accepts the house.

Because Jane filed the waiver as required, she cannot later change her mind and say she doesn't want the house, and anyone who later inherits the house through Jane must follow the same rule.

Key Takeaways

Example

Key Terms

References

§ 284 Disclaimer Waiver Rules

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References