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HomeProbate CodeDiv. 2Pt. 8Ch. 2§ 287 Disclaiming Pre-1984 Interests

§ 287 Disclaiming Pre-1984 Interests

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

§ 287 Disclaiming Pre-1984 Interests

This law lets someone turn down (disclaim) a right or benefit that was created before 1984, but only if they do it after 1983, and they can't use that disclaimer to take away another person's similar pre-1984 right.

Key Takeaways

  • •You can disclaim an interest created before Jan 1, 1984, if you do it after Dec 31, 1983.
  • •Disclaiming cannot destroy or lessen another person's interest that also began before Jan 1, 1984.
  • •The rule only applies to interests that have not yet been accepted.

Example

A grandparent set up a future share of a family home for each grandchild in 1982, but the shares haven't been accepted yet. One grandchild decides to disclaim their share after 1983.

The grandchild can refuse their own share, but they cannot use that refusal to cancel or reduce another grandchild's share that was also created before 1984.

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

Official Source
View on CA.gov

§ 287 Disclaiming Pre-1984 Interests

An interest created before January 1, 1984, that has not been accepted may be disclaimed after December 31, 1983, in the manner provided in this part, but no interest that arose before January 1, 1984, in a person other than the beneficiary may be destroyed or diminished by any action of the disclaimant taken pursuant to this part. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

interestdisclaimedbeneficiarydisclaimant

Related Statutes

  • § 275 Beneficiary Disclaimer Of Interest
  • § 288 Property Interest Disclaimer Rules
  • § 278 Disclaimer Writing Requirements
  • § 281 Beneficiary Disclaimer Irrevocability
  • § 1215 Delivery By Mail

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 287.
View Official Source