Vermont § 1954 - Effect of disclaimer

§ 1954. Effect of disclaimer

• (a) If the property or interest devolved to a disclaimant under testamentary instrument
  or under the laws of intestacy and the deceased owner or donee of a power of appointment
  has not provided for another disposition, it devolves as if the disclaimant had predeceased
  the decedent or, if the disclaimant was designated to take under a power of appointment
  exercised by a testamentary instrument, as if the disclaimant had predeceased the
  donee of the power. Any future interest that takes effect in possession or enjoyment
  after the termination of the estate or interest disclaimed takes effect as if the
  disclaimant had died before the event determining that the taker of the property or
  interest had become finally ascertained and his or her interest is indefeasibly vested.
  A disclaimer relates back for all purposes to the date of death of the decedent, or
  of the donee of the power, or the determinative event, as the case may be. (b) If the property or interest devolved to a disclaimant under a nontestamentary instrument
  or contract and the instrument or contract does not provide for another disposition: (1) it devolves as if the disclaimant had died before the effective date of the instrument
  or contract; and (2) a future interest that takes effect in possession or enjoyment at or after the termination
  of the disclaimed interest takes effect as if the disclaimant had died before the
  event determining that the taker of the property or interest had become finally ascertained
  and his or her interest indefeasibly vested. A disclaimer relates back for all purposes
  to the effective date of the instrument or contract or the date of the determinative
  event, as the case may be. (c) The disclaimer or the written waiver of the right to disclaim is binding upon the
  disclaimant or person waiving and all persons claiming through or under him or her. (Added 1985, No. 130 (Adj. Sess.).)