New Hampshire Disclaimer of Property Interest Law

Wills and Estates – Disclaimer of Property Interest – New Hampshire

Right to Disclaim Interest in Property.

A person, including but not limited to any executor, administrator, trustee, guardian, conservator, holder of a power of attorney or any other fiduciary, to whom any property or interest therein devolves, by whatever means, may disclaim it in whole or in part by delivering a written disclaimer under this chapter. The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.

Title LVI, Chap. 563-B, §563-B:1

Time of Disclaimer-Delivery.

I. Except as provided in paragraph III, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be delivered, as to a present interest, not later than 9 months after the death of the deceased owner or deceased donee of a power of appointment and, as to a future interest, not later than 9 months after the event determining that the taker of the property or interest has become finally ascertained and the taker’s interest is indefeasibly vested. The disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative, or other fiduciary, of the decedent or the donee of the power, to the holder of the legal title to which the interest relates, or to the person entitled to the property or interest in the event of disclaimer. A copy of the disclaimer shall be filed in the probate court of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced.

II. Except as provided in paragraph III, if the property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered, as to a present interest, not later than 9 months after the effective date of the nontestamentary instrument or contract and, as to a future interest, not later than 9 months after the event determining that the taker of the property or interest has become finally ascertained and the taker’s interest indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered not later than 9 months after the taker had actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to the maker or another the entire legal and equitable ownership of the interest. The disclaimer shall be delivered in person or mailed by registered or certified mail to the person who had legal title to or possession of the interest disclaimed.

III. In any case, as to a transfer creating an interest in the disclaimant made after December 31, 1976, and subject to tax under chapter 11, 12, or 13 of the Internal Revenue Code of 1954, as amended, a disclaimer intended as a qualified disclaimer thereunder must specifically so state and must be delivered not later than 9 months after the later of the date the transfer is made or the day on which the person disclaiming attains age 21.

IV. A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to a surviving joint tenant by right of survivorship. A surviving joint tenant may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy devolving to the surviving joint tenant, if the joint tenancy was created by act of a deceased joint tenant and to the extent that the survivor did not contribute to the joint tenancy.

V. If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the registry of deeds of the county in which the property or interest disclaimed is located.

Title LVI, Chap. 563-B, §563-B:2

Form of Disclaimer.

The disclaimer shall:

I. Describe the property or interest disclaimed;

II. Declare the disclaimer and extent thereof, and

III. Be signed by the disclaimant.

Title LVI, Chap. 563-B, §563-B:3

Effect of Disclaimer.

I. If the property or interest devolved to a disclaimant under a 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 the taker’s 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.

II. 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 the 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.

III. 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 said disclaimant or person.

Title LVI, Chap. 563-B, §563-B:4

Waiver and Bar.

The right to disclaim property or an interest therein is barred by:

I. An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor;

II. A written waiver of the right to disclaim;

III. An acceptance of the property or interest or a benefit thereunder; or

IV. A sale of the property or interest under judicial sale made before the disclaimer is effected.

Title LVI, Chap. 563-B, §563-B:5

Remedy Not Exclusive.

This chapter does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute.

Title LVI, Chap. 563-B, §563-B:6

Application.

An interest in property that exists on January 1, 1997, as to which, if a present interest, the time for delivering a disclaimer under this chapter, has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within 9 months after January 1, 1997.

Title LVI, Chap. 563-B, §563-B:7

Uniformity of Application and Construction.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Title LVI, Chap. 563-B, §563-B:8

Short Title.

This chapter may be cited as the Uniform Disclaimer of Property Interests Act.

Title LVI, Chap. 563-B, §563-B:9


Inside New Hampshire Disclaimer of Property Interest Law