New Jersey § 3b:9-8

§ 3b:9-8.

A disclaimer acts as a nonacceptance of the disclaimed interest, rather than as a

transfer of the disclaimed interest. The disclaimant is treated as never having received the disclaimed interest. Unless a governing instrument otherwise provides, the property or interest disclaimed

devolves: a. As to a present interest: (1) in the case of an intestacy, a will, a testamentary trust or a power of appointment

exercised by a will or testamentary trust, as if the disclaimant had predeceased the

decedent or, if the disclaimant is designated to take under a power of appointment

exercised by a will or testamentary instrument, as if the disclaimant had predeceased

the donee of the power. If by law or under the will or testamentary trust the descendants of the disclaimant

would take the disclaimant's share by representation were the disclaimant to predecease

the decedent , then the disclaimed interest devolves by representation to the descendants of the

disclaimant who survive the decedent; and (2) in the case of a nontestamentary instrument or contract, other than a joint property

interest, as if the disclaimant had died before the effective date of the instrument

or contract. If by law or under the nontestamentary instrument or contract the descendants of

the disclaimant would take the disclaimant's share by representation were the disclaimant

to predecease the effective date of the instrument, then the disclaimed interest devolves

by representation to the descendants of the disclaimant who survive the effective

date of the instrument. (3) in the case of joint property created by a will, testamentary trust or non-testamentary

instrument: (a) if the disclaimant is the only living owner, the disclaimed interest

devolves to the estate of the last to die of the other joint owners; or (b) if the

disclaimant is not the only living owner, the disclaimed interest devolves equally

to the living joint owners, or all to the other living owner, if there is only one

living owner. b. As to a future interest: (1) In the case of a will or testamentary trust or a power of appointment exercised

by a will or testamentary trust, as if the disclaimant had died before the event determining

that the taker of the property or interest is finally ascertained and his interest

is vested; and (2) In the case of a nontestamentary instrument or contract, as if the disclaimant

had died before the event determining that the taker of the property or interest had

become finally ascertained and the taker's interest is vested; and (3) Notwithstanding the foregoing, a future interest that is held by the disclaimant

who also holds the present interest and which takes effect at a time certain, such

as a fixed calendar date or the disclaimant's attainment of a certain age, is not

accelerated by the disclaimer and continues to take effect at the time certain. c. Except as provided in subsection b. of this section, a disclaimer relates back

for all purposes to the date of death of the decedent or the donee of the power or

the effective date of the nontestamentary instrument or contract.