(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
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Terms Used In Tennessee Code 31-7-105

  • Disclaimer: means the refusal to accept an interest in or power over property. See Tennessee Code 31-7-102
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person. See Tennessee Code 31-7-102
  • Person: means an individual. See Tennessee Code 31-7-102
  • Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Tennessee Code 31-1-101
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state. See Tennessee Code 31-7-102
(b) Except to the extent a fiduciary‘s right to disclaim is expressly restricted or limited by state law or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(c) To be effective, the disclaimer must:

(1) Be in writing;
(2) Declare the disclaimer, and the extent thereof;
(3) Describe the interest or power disclaimed; and
(4) Be signed either by:

(A) The person making the disclaimer; or
(B) Some person subscribing the name of the person making the disclaimer, in the person’s presence and by such person’s express direction in the presence of two (2) or more witnesses competent to witness a will under title 32.
(d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(e) A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 31-7-112 or when it becomes effective as provided in §§ 31-7-106 – 31-7-111, whichever occurs later.
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