{"data":{"id":"us-ak/as-13.70.030","jurisdiction":"us-ak","citation":"AS 13.70.030","heading":"Power to disclaim; general requirements; when irrevocable.","body":"(a) A person may disclaim, in whole or part, conditionally or unconditionally, 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, prohibition, or limitation on the right to disclaim. A disclaimer shall be considered to be unconditional and not subject to modification or revocation unless the disclaimant provides otherwise in the disclaimer.\n(b) With court approval, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment. Without court approval, a fiduciary may not disclaim, in whole or in part, any interest in or power over property, including a power of appointment, except that\n(1) a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, if and to the extent that the instrument creating the fiduciary relationship grants the fiduciary the right to disclaim;\n(2) in the absence of a court-appointed guardian, notwithstanding a provision in AS 13.26 to the contrary, an individual having legal custody of a minor child may disclaim on behalf of the minor child, in whole or in part, any interest in or power over property, including a power of appointment, that the minor child is to receive solely as a result of another disclaimer, but only if the interest or power disclaimed by the individual having legal custody does not pass, as a result of the disclaimer, to or for the benefit of the individual having legal custody.\n(c) To be effective, a disclaimer must be in writing, declare that the writing is a disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in AS 13.70.100.\n(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.\n(e) A disclaimer becomes irrevocable when\n(1) any conditions to which the disclaimant has made the disclaimer subject are satisfied; and\n(2) the disclaimer is delivered or filed under AS 13.70.100, or becomes effective as provided in AS 13.70.040 — 13.70.090, whichever occurs later.\n(f) A disclaimer made under this chapter is not a transfer, assignment, or release.","path":["Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions.","Chapter 70. Disclaimer of Property Interests."],"source_url":"https://www.akleg.gov/basis/statutes.asp#13.70.030","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:16:54Z","sha256":"043d16de4b27b364a539fb59c3da9007cbcd35310bac142ddae5b299b6969442","source_id":"us-ak","stale":false,"prev":"us-ak/as-13.70.020","next":"us-ak/as-13.70.040"},"notice":"GroundRules: Original legal text. Not legal advice."}