The Five Terms That Shape Disclaimer Law
Arizona's Uniform Disclaimer of Property Interests Act uses precise legal definitions to make sure the rules apply consistently. This section lays them out.
"Disclaimer" means the refusal to accept an interest in or power over property.
A.R.S. § 14-10002(3)A disclaimer is simply a formal refusal. When a person disclaims, they are saying "I do not accept this property interest." The law then treats the disclaimed interest as though it never belonged to the person who refused it.
The "disclaimant" is the person to whom the interest would have passed if the disclaimer had not been made. The "disclaimed interest" is the specific property or right that was refused. These definitions make clear that the focus is always on what would have happened without the disclaimer.
Fiduciaries and Jointly Held Property
The statute also defines "fiduciary" broadly. It covers personal representatives, trustees, agents acting under a power of attorney, and any other person authorized to manage property for someone else. This means a fiduciary can disclaim on behalf of the person they represent, which matters in situations involving incapacitated beneficiaries or estates.
"Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
A.R.S. § 14-10002(5)This definition covers joint tenancy and similar arrangements where survivorship is built in. Knowing how jointly held property fits into the disclaimer framework helps families understand when a disclaimer can redirect assets and when it cannot.
