SECTION 2-1115. RECORDING OF DISCLAIMER. If an instrument transferring
an interest in or power over property subject to a disclaimer is required or permitted by law to be
filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as
otherwise provided in Section 2-1112(g)(2), failure to file, record, or register the disclaimer does
not affect its validity as between the disclaimant and persons to whom the property interest or
power passes by reason of the disclaimer.
Comment
This section permits the recordation of a disclaimer of an interest in property ownership of or title to which is the subject of a recording system. This section expands on the corresponding provision of previous Uniform Acts which referred to permissive recording of a disclaimer of an interest in real property. While local practice may vary, disclaimants should realize that in order to establish the chain of title to real property, and to ward off creditors and bona fide purchasers, the disclaimer may have to be recorded. This section does not change the law of the state governing notice. The reference to Section 2-1112(g)(2) concerns the disclaimer of an interest in real property created by a “beneficiary designation” as that term is defined in Section 2-1112(a). Such a disclaimer must be recorded.
2010 Technical Amendment: The cross-reference to Section 2-1112 was added in 2010. This addition was necessitated by the approval of the Uniform Real Property Transfer on Death Act (2009), which is codified in this Code at Article VI, Part 4.
Comment
This section permits the recordation of a disclaimer of an interest in property ownership of or title to which is the subject of a recording system. This section expands on the corresponding provision of previous Uniform Acts which referred to permissive recording of a disclaimer of an interest in real property. While local practice may vary, disclaimants should realize that in order to establish the chain of title to real property, and to ward off creditors and bona fide purchasers, the disclaimer may have to be recorded. This section does not change the law of the state governing notice. The reference to Section 2-1112(g)(2) concerns the disclaimer of an interest in real property created by a “beneficiary designation” as that term is defined in Section 2-1112(a). Such a disclaimer must be recorded.
2010 Technical Amendment: The cross-reference to Section 2-1112 was added in 2010. This addition was necessitated by the approval of the Uniform Real Property Transfer on Death Act (2009), which is codified in this Code at Article VI, Part 4.
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