59-2293. Same; effect of disclaimer; disclaimer barred, when; limit on disclaimant's interest of no effect; interests subject to disclaimer; disclaimer applicable to income from property disclaime
59-2293
59-2293. Same; effect of disclaimer; disclaimerbarred, when; limit on disclaimant's interest of no effect;interests subject to disclaimer; disclaimer applicable toincome from property disclaimed.(a) Unless the decedent or donee of the power has otherwise provided, theproperty, interestor power disclaimed asprovided in K.S.A. 59-2291 and amendments thereto shall descendor be distributed as if thedisclaimant had predeceased the decedent or, if the disclaimant isdesignated to take pursuant to a power of appointment exercised by orunder a testamentary instrument, as if the disclaimant hadpredeceased the donee of the power. In every case, the disclaimer shallrelate back for all purposes to the date of death of the decedent or thedonee, as the case may be, except that, in the case of a beneficiary underthe terms of an inter vivos trust, the disclaimer shall relate back to thedate of the transfer.
(b) Any conveyance of or contract to convey real property or any interesttherein, any assignment or transfer of or contract to assign or transferpersonal property, any written waiver of the right to disclaim the takingof or power over real or personal property or any saleor other disposition of real or personal property pursuant to judicialprocess by a person attempting to disclaim the taking of or power over propertybars the right of such person to disclaim as to the power,property or interest.
(c) The right to disclaim shall exist irrespective of any limitation onthe interest of the disclaimant in the nature of a spendthrift provisionor similar restriction.
(d) A disclaimer when filed and recorded or a written waiver of the rightto disclaim shall be final, and the disclaimer or waiver cannot be revokedand shall be binding upon the disclaimant or person waiving, the personalrepresentative of the disclaimant or person waiving andall parties claiming the right to disclaim or waive by, through or underthe disclaimant or person waiving, except that, in the case of disclaimer,the interest in or power over the property shall pass as provided in subsection(a) unless otherwise provided by the instrumentcreating the interest or power or unless the interest or power is furtherdisclaimed by the person succeeding to the disclaimed interest or power.
(e) Any interest in real or personal property which exists on theeffective date of this act, but which has not then become indefeasiblyfixed both in quality and quantity, or the taker of which has not thenbecome finally ascertained, may be disclaimed after the effective dateof this act in the manner provided herein, but no interest which hasbecome fixed prior to the effective date of this act in any person otherthan the disclaimant shall be destroyed or diminished by any action ofthe disclaimant taken pursuant to this act.
(f) Any interest, rents, profits or other income which arises from aninterest in property disclaimed pursuant to this act and which accrues betweenthe date of the death of the decedent or donee and the date of the disclaimershall be the property of the person entitled to receive the disclaimedinterest in the property and the person shall have a right of action againstthe disclaimant to recover that income.
History: L. 1968, ch. 367, § 3; L. 1980, ch. 168, § 3; L. 1982,ch. 236, § 1; July 1.