Florida § 739.402 - When disclaimer is barred or limited.
Full text of Florida Florida Statutes § 739.402 — When disclaimer is barred or limited., with citation guidance and answers to common questions.
§ 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.
Source: official Florida text · Last verified 2026-08-27
Frequently Asked Questions About Florida § 739.402
What does Florida Statutes § 739.402 cover?
Section 739.402 ("When disclaimer is barred or limited.") is part of the Florida Statutes, the codified statutory law of Florida. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Florida § 739.402?
A common citation format is "Florida Statutes § 739.402" (Florida). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Florida law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Florida official source linked on this page or consult a licensed Florida attorney.
How does Florida § 739.402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Florida can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Florida.