Fla. Stat. § 739.101
Short title
This chapter may be cited as the “Florida Uniform Disclaimer of Property Interests Act.”
Florida Statutes Chapter 739 — FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
Florida · statute · Fla. Stat. ch. 739 · 17 active provisions
Fla. Stat. § 739.102
Definitions
As used in this chapter, the term:(1) “Benefactor” means the creator of the interest that is subject to a disclaimer.(2) “Beneficiary designation” means an instrument, other than an instrument creating or amending a trust, naming the beneficiary of:(a) An annuity or insurance policy;(b) An account with a designation fo…
Fla. Stat. § 739.103
Scope
This chapter applies to disclaimers of any interest in or power over property, whenever created. Except as provided in s. 739.701, this chapter is the exclusive means by which a disclaimer may be made under Florida law.
Fla. Stat. § 739.104
Power to disclaim; general requirements; when irrevocable
(1) A person may disclaim, in whole or in part, conditionally or unconditionally, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on…
Fla. Stat. § 739.201
Disclaimer of interest in property
Except for a disclaimer governed by s. 739.202, s. 739.203, or s. 739.204, the following rules apply to a disclaimer of an interest in property:(1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of t…
Fla. Stat. § 739.202
Disclaimer of rights of survivorship in jointly held property
(1) Upon the death of a holder of jointly held property:(a) If, during the deceased holder’s lifetime, the deceased holder could have unilaterally regained a portion of the property attributable to the deceased holder’s contributions without the consent of any other holder, another holder may disclaim, in whole or in p…
Fla. Stat. § 739.203
Disclaimer of property held as tenancy by the entirety
(1) The survivorship interest in property held as a tenancy by the entirety to which the survivor succeeds by operation of law upon the death of the cotenant may be disclaimed as provided in this chapter. For purposes of this chapter only, the deceased tenant’s interest in property held as a tenancy by the entirety sha…
Fla. Stat. § 739.204
Disclaimer of interest by trustee
If a trustee having the power to disclaim under the instrument creating the fiduciary relationship or pursuant to court order disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
Fla. Stat. § 739.205
Disclaimer of power of appointment or other power not held in a fiduciary capacity
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 discla…
Fla. Stat. § 739.206
Disclaimer by appointee, object, or taker in default of exercise of power of appointment
(1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.(2) A disclaimer of an interest in property by an object, or taker in default of an exercise of a power of appointment, takes effec…
Fla. Stat. § 739.207
Disclaimer of power held in fiduciary capacity
(1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.(2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immedia…
Fla. Stat. § 739.301
Delivery or filing
(1) Subject to subsections (2) through (12), delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method that results in its receipt. A disclaimer sent by first-class mail shall be deemed to have been delivered on the date it is postmarked. Delivery by any other method shall be…
Fla. Stat. § 739.401
When disclaimer is permitted
A disclaimer may be made at any time unless barred under s. 739.402.
Fla. Stat. § 739.402
When disclaimer is barred or limited
(1) A disclaimer is barred by a written waiver of the right to disclaim.(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:(a) The disclaimant accepts the interest sought to be disclaimed;(b) The disclaimant voluntarily assigns, conveys, en…
Fla. Stat. § 739.501
Tax-qualified disclaimer
Notwithstanding any provision of this chapter other than s. 739.402, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to the provisions of s. 2518 of the Internal Revenue Code of 1986 as never having been transferred to the disclaimant, the disclaimer or transfer i…
Fla. Stat. § 739.601
Recording of disclaimer relating to real estate
(1) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real estate to which the disclaimer relates and unless the disclaimer is filed for recording in the office of the clerk of the court in the county o…
Fla. Stat. § 739.701
Application to existing relationships
Except as otherwise provided in s. 739.402, an interest in or power over property existing on July 1, 2005, as to which the time for delivering or filing a disclaimer under laws superseded by this chapter has not expired, may be disclaimed after July 1, 2005.