New Jersey § 3b:9-4
Full text of New Jersey New Jersey Statutes § 3b:9-4, with citation guidance and answers to common questions.
§ 3b:9-4.
a. Any fiduciary, including an agent acting on behalf of a principal within the implied
or general authority of a power of attorney, may disclaim any power or discretion
held by such fiduciary in a fiduciary capacity. Unless the governing instrument specifically authorizes the fiduciary to disclaim
such power or discretion without obtaining court authorization to do so, the disclaimer
by the fiduciary shall not be effective unless, prior thereto, such fiduciary has
been authorized to disclaim by the court having jurisdiction over the fiduciary after
finding that it is advisable and will not materially prejudice the rights of: (1)
devisees, heirs, or beneficiaries of the decedent; (2) the minor, the incapacitated
individual, the conservatee, or the principal; or (3) the beneficiaries of the trust. b. Unless expressly authorized by the court or by the governing instrument: (1) Any disclaimer under this section shall be personal to the fiduciary so disclaiming
and shall not constitute a disclaimer by a co-fiduciary or a successor or substituted
fiduciary of such power or discretion; (2) No disclaimer shall affect the rights of: (a) devisees, heirs or beneficiaries
of the decedent; (b) the minor, the incapacitated individual, the conservatee, or
the principal; or (c) the beneficiaries of the trust.
Frequently Asked Questions About New Jersey § 3b:9-4
What does New Jersey Statutes § 3b:9-4 cover?
Section 3b:9-4 is part of the New Jersey Statutes, the codified statutory law of New Jersey. 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 New Jersey § 3b:9-4?
A common citation format is "New Jersey Statutes § 3b:9-4" (New Jersey). 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 New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 3b:9-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey 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 New Jersey.