6205 - Effect of disclaimer.

     § 6205.  Effect of disclaimer.        (a)  In general.--A disclaimer relates back for all purposes     to the date of the death of the decedent or the effective date     of the inter vivos transfer or third-party beneficiary contract     as the case may be. The disclaimer shall not in any way diminish     the interest of any person other than the disclaimant in such     person's own right under the instrument creating the disclaimed     interest or under the intestate laws nor diminish any interest     to which such person becomes entitled under subsection (b) by     reason of the disclaimer.        (b)  Rights of other parties.--Unless a testator or donor has     provided for another disposition, the disclaimer shall, for     purposes of determining the rights of other parties, be     equivalent to the disclaimant's having died before the decedent     in the case of a devolution by will or intestacy or before the     effective date of an inter vivos transfer, or third-party     beneficiary contract, except that, when applying section 2104(1)     (relating to rules of succession) or analogous provisions of a     governing instrument, the fact that the disclaimant actually     survived shall be recognized in determining whether other     parties take equally or by representation, and except that if,     as a result of a disclaimer, property passes to a fund in which     the disclaimant has an interest or power which he has not     disclaimed, the disclaimant shall retain his interest or power     in the fund as augmented by the disclaimed property.        (c)  Powers of appointment.--In applying this section to an     interest that would have devolved by reason of the exercise of a     power of appointment, the person exercising the power shall be     regarded as the decedent or transferor, as the case may be.        (d)  Rights of creditors of disclaimant.--Nothing in this     section shall determine the effect of a disclaimer upon the     rights of creditors of the disclaimant.     (Oct. 12, 1984, P.L.929, No.182, eff. imd.; May 16, 2002,     P.L.330, No.50, eff. 60 days)        2002 Amendment.  Act 50 amended subsec. (a) and added subsec.     (d). See section 14(b)(3) of Act 50 in the appendix to this     title for special provisions relating to applicability.        1984 Amendment.  Act 182 amended subsecs. (a) and (b).