If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
- (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
- (2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
- (3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
History
Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063
Editor's Notes
Uniform Law: This section is based upon § 9 of the Uniform Disclaimer of Property Interests Act (1999).