Montana § 72-2-829 - When Disclaimer Barred Or Limited
Full text of Montana Montana Code Annotated § 72-2-829 — When Disclaimer Barred Or Limited, with citation guidance and answers to common questions.
§ 72-2-829. When Disclaimer Barred Or Limited
When disclaimer 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; or (c) a judicial sale of the interest sought to be disclaimed occurs. (3) 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) 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) A disclaimer is barred or limited if so provided by law other than 72-2-817 through 72-2-833 . (6) 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 72-2-817 through 72-2-833 had the disclaimer not been barred.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-2-829
What does Montana Code Annotated § 72-2-829 cover?
Section 72-2-829 ("When Disclaimer Barred Or Limited") is part of the Montana Code Annotated, the codified statutory law of Montana. 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 Montana § 72-2-829?
A common citation format is "Montana Code Annotated § 72-2-829" (Montana). 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 Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-2-829 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana 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 Montana.