Arizona Laws 14-10006. Disclaimer of interest in property; definitions
A. Except for a disclaimer governed by section 14-10007 or 14-10008, the following rules apply to a disclaimer of an interest in property:
Terms Used In Arizona Laws 14-10006
- Disclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Arizona Laws 14-10002
- Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Arizona Laws 14-10002
- Disclaimer: means the refusal to accept an interest in or power over property. See Arizona Laws 14-10002
- Intestate: Dying without leaving a will.
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Property: includes both real and personal property. See Arizona Laws 1-215
- Survive: means that a person has neither predeceased an event, including the death of another person, nor is deemed to have predeceased an event under section 14-2104 or 14-2702. See Arizona Laws 14-1201
1. The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the laws of intestate succession, as of the time of the intestate’s death.
2. The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
3. If the instrument does not contain a provision described in paragraph 2 of this subsection:
(a) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. However, if, by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.
(b) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
4. On the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
B. For the purposes of this section:
1. "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
2. "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.