When disclaimer barred or limited

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

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

    1. (1) the disclaimant accepts the interest sought to be disclaimed;

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

    3. (3) a judicial sale of the interest sought to be disclaimed occurs.

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

  4. (d) A disclaimer, in whole or 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. (e) A disclaimer is barred or limited if so provided by law other than this subchapter.

  6. (f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this subchapter had the disclaimer not been barred.


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