SECTION 2-1116. APPLICATION TO EXISTING RELATIONSHIPS. Except as
otherwise provided in Section 2-1113, an interest in or power over property existing on the
effective date of this [part] as to which the time for delivering or filing a disclaimer under law
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superseded by this [part] has not expired may be disclaimed after the effective date of this [part].
Comment
This section deals with the application of the Act to existing interests and powers. It insures that disclaimers barred by the running of a time period under prior law will not be revived by the Act. For example, assume prior law, like the prior Acts and former Section 2- 801, allows the disclaimer of present interests within nine months of their creation and the disclaimer of future interests nine months after they are indefeasibly vested. Under T’s will, X receives an outright devise of a sum of money and also has a contingent remainder in a trust created under the will. The Act is effective in the jurisdiction governing the administration of T’s estate 10 months after T’s death. X cannot disclaim the general devise, irrespective of the application of Section 2-1113 of the Act, because the nine months allowed under prior law have run. The contingent remainder, however, may be disclaimed so long as it is not barred under Section 2-1113 without regard to the nine month period of prior law.
Comment
This section deals with the application of the Act to existing interests and powers. It insures that disclaimers barred by the running of a time period under prior law will not be revived by the Act. For example, assume prior law, like the prior Acts and former Section 2- 801, allows the disclaimer of present interests within nine months of their creation and the disclaimer of future interests nine months after they are indefeasibly vested. Under T’s will, X receives an outright devise of a sum of money and also has a contingent remainder in a trust created under the will. The Act is effective in the jurisdiction governing the administration of T’s estate 10 months after T’s death. X cannot disclaim the general devise, irrespective of the application of Section 2-1113 of the Act, because the nine months allowed under prior law have run. The contingent remainder, however, may be disclaimed so long as it is not barred under Section 2-1113 without regard to the nine month period of prior law.
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