Searching 2025-2026 Session

The Vermont Statutes Online

The Statutes below now include the actions of the 2026 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.

Title 14 : Decedents' Estates and Fiduciary Relations

Chapter 129 : Vermont Disclaimer of Property Interests Act

(Cite as: 14 V.S.A. § 4113)
  • § 4113. When disclaimer barred or limited

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

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

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

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

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

    (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.

    (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.

    (e) A disclaimer is barred or limited if so provided by law other than this chapter.

    (f) A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that 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 chapter had the disclaimer not been barred. (Added 2025, No. 123 (Adj. Sess.), § 1, eff. June 8, 2026.)