§ 9–202
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 9-202 (2026)
Title 9. Special Provisions Relating to Distribution
Subtitle 2. Maryland Uniform Disclaimer of Property Interests Act
§ 9–202LinkCopy Citation
(a)
(1)
A person may disclaim in whole or in part any interest in or power over property, including a power of appointment.
(2)
A person may disclaim the interest or power even if the creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(b)
(1)
Except to the extent that a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim in whole or in part any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity.
(2)
A fiduciary may disclaim the interest or power even if the creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(c)
To be effective, a disclaimer must:
(1)
Be in writing or other record;
(2)
Declare the disclaimer;
(3)
Describe the interest or power disclaimed;
(4)
Be signed by the person making the disclaimer; and
(5)
Be delivered or filed in the manner provided in § 9-209 of this subtitle.
(d)
A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(e)
A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 9-209 of this subtitle or when it becomes effective as provided in §§ 9-203 through 9-208 of this subtitle, whichever occurs later.
(f)
(1)
A disclaimer made under this subtitle is not a transfer, assignment, or release.
(2)
Creditors of the disclaimant have no interest in the property disclaimed.