Oklahoma § 84-28 - Spendthrift provisions - Binding effect of disclaimer Spouse of disclaimant

§ 84-28. Spendthrift provisions - Binding effect of disclaimer Spouse of disclaimant

The right to disclaim granted by this act shall exist

irrespective of any limitation imposed on the interest of the

disclaimant in the nature of an express or implied spendthrift

provision or similar restriction. A disclaimer, when filed as

provided in this act, or a written waiver of the right to disclaim,

shall be binding upon the disclaimant or beneficiary so waiving and

all parties thereafter claiming by, through or under him, except

that a beneficiary so waiving may thereafter transfer, assign or

release his interest if such is not prohibited by an express or

implied spendthrift provision. If an interest in real estate is

disclaimed and the disclaimer is duly filed in accordance with the

provisions of Section 4 of this act, the spouse of the disclaimant,

if such spouse has consented to the disclaimer in writing, shall

thereupon be automatically debarred from any claim, right or

interest in such real estate to which such spouse, except for such

disclaimer, would have been entitled.

Added by Laws 1973, c. 158, § 7.