The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 14 V.S.A. § 1954)
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§ 1954. Effect of disclaimer
(a) If the property or interest devolved to a disclaimant under testamentary instrument
or under the laws of intestacy and the deceased owner or donee of a power of appointment
has not provided for another disposition, it devolves as if the disclaimant had predeceased
the decedent or, if the disclaimant was designated to take under a power of appointment
exercised by a testamentary instrument, as if the disclaimant had predeceased the
donee of the power. Any future interest that takes effect in possession or enjoyment
after the termination of the estate or interest disclaimed takes effect as if the
disclaimant had died before the event determining that the taker of the property or
interest had become finally ascertained and his or her interest is indefeasibly vested.
A disclaimer relates back for all purposes to the date of death of the decedent, or
of the donee of the power, or the determinative event, as the case may be.
(b) If the property or interest devolved to a disclaimant under a nontestamentary instrument
or contract and the instrument or contract does not provide for another disposition:
(1) it devolves as if the disclaimant had died before the effective date of the instrument
or contract; and
(2) a future interest that takes effect in possession or enjoyment at or after the termination
of the disclaimed interest takes effect as if the disclaimant had died before the
event determining that the taker of the property or interest had become finally ascertained
and his or her interest indefeasibly vested. A disclaimer relates back for all purposes
to the effective date of the instrument or contract or the date of the determinative
event, as the case may be.
(c) The disclaimer or the written waiver of the right to disclaim is binding upon the
disclaimant or person waiving and all persons claiming through or under him or her. (Added 1985, No. 130 (Adj. Sess.).)