Unless otherwise provided in the will, inter vivos trust, exercise of the power of appointment, or other written instrument creating or finally determining an interest, the interest disclaimed and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest disclaimed, shall descend, go, be distributed or continue to be held as if the beneficiary disclaiming had predeceased the person creating the interest. In every case, the disclaimer shall relate back for all purposes to the date of the creation of the interest.

SOURCE: California Probate Code, § 190.6.

§ 761. Restriction on Making Disclaimer; Acceptance by
Beneficiary; Exception.

A disclaimer may not be made after the beneficiary has accepted the interest to be disclaimed. An acceptance does not preclude a beneficiary from thereafter disclaiming all or part of any interest to which be became entitled because another person disclaimed an interest and of which

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CH. 7 TESTAMENTARY ADDITIONS

interest the beneficiary or person able to disclaim on his behalf had no knowledge. For the purposes of this Article, if a disclaimer has not theretofore been filed, a beneficiary has accepted an interest if he, or someone acting on his behalf,

(a) makes a voluntary assignment or transfer of, or contract to assign or transfer, the interest or part thereof, or

(b) executes a written waiver of the right to disclaim the interest, or

(c) sells or otherwise disposes of the interest or any part thereof pursuant to judicial process.

SOURCE: California Probate Code, § 190.7.

2014 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, subsection designations were altered to adhere to the Compiler’s alpha-numeric scheme.

§ 763. Right to Disclaim Not Affected by Spendthrift or Other
Restrictions.

The right to disclaim shall exist irrespective of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction.

SOURCE: California Probate Code, § 190.8.