D.C. Code § 19-1505: Power to disclaim; general requirements; when irrevocable.

(a)

A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

(b)

Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the District of Columbia or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its 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)

(1)

To be effective, a disclaimer must:

(A)

Be in a writing or other record;

(B)

Declare the disclaimer;

(C)

Describe the interest or power disclaimed;

(D)

Be signed by the person making the disclaimer; and

(E)

Be delivered or filed in the manner provided in § 19-1512.

(2)

For the purposes of this subsection, the term:

(A)

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(B)

“Signed” means, with present intent to authenticate or adopt a record, to:

(i)

Execute or adopt a tangible symbol; or

(ii)

Attach to or logically associate with the record an electronic sound, symbol, or process.

(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 § 19-1512 or when it becomes effective as provided in §§ 19-1506 through 19-1511, whichever occurs later.

(f)

A disclaimer made under this chapter is not a transfer, assignment, or release.