14 V.S.A. § 4112: Delivery or filing

(a) As used in this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:

(1) an annuity or insurance policy;

(2) an account with a designation for payment on death;

(3) a security registered in beneficiary form;

(4) a pension, profit-sharing, retirement, or other employment-related benefit plan; or

(5) any other nonprobate transfer at death, including an enhanced life estate deed created pursuant to 27 V.S.A. chapter 6.

(b) Subject to subsections (c)–(m) of this section, delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method likely to result in its receipt.

(c) In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:

(1) the disclaimer shall be delivered to the personal representative of the decedent’s estate; or

(2) if no personal representative is then serving, the disclaimer shall be filed with a court having jurisdiction to appoint the personal representative.

(d) In the case of an interest in a testamentary trust:

(1) the disclaimer shall be delivered to the trustee then serving, or if no trustee is then serving, to the personal representative of the decedent’s estate; or

(2) if no personal representative is then serving, the disclaimer shall be filed with a court having jurisdiction to enforce the trust.

(e) In the case of an interest in an inter vivos trust:

(1) the disclaimer must be delivered to the trustee then serving;

(2) if no trustee is then serving, the disclaimer shall be filed with a court having jurisdiction to enforce the trust; or

(3) if the disclaimer is made before the time the instrument creating the trust becomes irrevocable, the disclaimer shall be delivered to the settlor of a revocable trust or the transferor of the interest.

(f) In the case of an interest created by a beneficiary designation that is disclaimed before the designation becomes irrevocable, the disclaimer shall be delivered to the person making the beneficiary designation.

(g) In the case of an interest in personal property created by a beneficiary designation that is disclaimed after the designation becomes irrevocable, the disclaimer shall be delivered to the person obligated to distribute the interest.

(h) If real property or an interest in real property is disclaimed, a copy of the disclaimer shall be recorded in the land records of the town in which the property or interest disclaimed is located.

(i) In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer shall be delivered to the person to whom the disclaimed interest passes.

(j) In the case of a disclaimer by a permissible appointee or taker in default of exercise of a power of appointment at any time after the power was created:

(1) the disclaimer shall be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or

(2) if no fiduciary is then serving, the disclaimer shall be filed with a court having authority to appoint the fiduciary.

(k) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:

(1) the disclaimer shall be delivered to the holder, the personal representative of the holder’s estate, or to the fiduciary under the instrument that created the power; or

(2) if no fiduciary is then serving, the disclaimer shall be filed with a court having authority to appoint the fiduciary.

(l) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer shall be delivered as provided in subsection (c), (d), or (e) of this section, as if the power disclaimed were an interest in property.

(m) In the case of a disclaimer of a power by an agent, the disclaimer shall be delivered to the principal or the principal’s representative.