N.J.S.A. 3A:25-45 — Devolution of disclaimed property or interest; relation back to date of death

3A:25-45. Devolution of disclaimed property or interest; relation back to date of death Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves (a) as to a present interest, as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power, and (b) as to a future interest as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his interest indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent or the donee of the power. L.1979, c. 484, s. 7 eff. Feb. 28, 1980.

This is the verbatim text of N.J.S.A. 3A:25-45, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.