Delaware § 605 - Power to disclaim; requisites and execution; when irrevocable.

§ 605. Power to disclaim; requisites and execution; when irrevocable.

(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power notwithstanding any limitation under the terms of the instrument creating the interest in property or granting a power to the holder in the nature of a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

(b) Except to the extent that a fiduciary’s right to disclaim is expressly restricted or limited by another statute of this State or by the instrument creating the fiduciary relationship a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or in a fiduciary capacity. A fiduciary may disclaim an interest in property or power notwithstanding any limitation on the interest or power of the disclaimant in the nature of a spendthrift provision or similar restriction on transfer or a restriction or limitation on the disclaimant’s right to disclaim under the instrument creating the interest or power in the disclaimant (which is distinct from the instrument creating the fiduciary relationship).

(c) To be effective, the disclaimer shall:

(1) Be in a writing;

(2) Declare the disclaimer and the extent thereof;

(3) Describe the interest or power disclaimed;

(4) Be signed either by:

a. The person making the disclaimer; or

b. Some person subscribing the name of the person making the disclaimer, in the person’s presence and by such person’s express direction in the presence of 2 or more witnesses competent to witness a will under Chapter 2 of this title; and

(5) Be delivered in the form and in the manner provided in § 612 of this title.

(d) A disclaimer may be of a part of an interest in property or power over property and may be expressed as a fractional share, a percentage, a term of years, a limitation of a power, an interest or estate in property, or any lesser included interest or estate in property, including a lesser included interest or estate having a specific monetary value.

(e) A disclaimer becomes irrevocable when it is delivered pursuant to § 612 of this title or when it becomes effective as provided in §§ 606-611 of this title, whichever occurs later.

(f) A disclaimer made under this chapter is not a transfer, assignment or release by the disclaimant.

63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;