The Florida Senate

739.402  When disclaimer is barred or limited.--

(1)  A disclaimer is barred by a written waiver of the right to disclaim.

(2)  A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

(a)  The disclaimant accepts the interest sought to be disclaimed;

(b)  The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;

(c)  The interest sought to be disclaimed is sold pursuant to a judicial sale; or

(d)  The disclaimant is insolvent when the disclaimer becomes irrevocable.

(3)  A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

(4)  A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

(5)  A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.

History.--s. 1, ch. 2005-108; s. 17, ch. 2009-115.