One Set of Rules for All Property Interests
Before uniform disclaimer laws, different types of property interests could be subject to different disclaimer rules depending on when or how they were created. This section eliminates that complexity.
This chapter applies to disclaimers of any interest in or power over property, whenever created.
A.R.S. § 14-10003The phrase "whenever created" is the key. It means there is no cutoff date. A property interest established under a trust drafted in 1985 follows the same disclaimer procedures as one created under a will signed last month. This retroactive reach gives families and their advisors confidence that one consistent framework governs every disclaimer situation they may encounter.
What Kinds of Interests Can Be Disclaimed
The scope is deliberately broad. It covers any interest in property, including inheritances under a will, distributions from a trust, beneficiary designations on retirement accounts or life insurance, interests passing through intestate succession, and jointly held property. It also covers powers over property, such as a power of appointment granted in a trust instrument.
This breadth means a person can disclaim virtually any property right that passes to them, provided they follow the procedures set out in the remaining sections of this chapter. The disclaimer must be in writing, timely, and the person must not have already accepted the property or any of its benefits.
