{"data":{"id":"us-ar/ark.-code-ann.-28-2-213","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 28-2-213","heading":"When disclaimer barred or limited","body":"(a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) the disclaimant accepts the interest sought to be disclaimed; (2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or (3) a judicial sale of the interest sought to be disclaimed occurs. (c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise. (d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant. (e) A disclaimer is barred or limited if so provided by law other than this subchapter. (f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this subchapter had the disclaimer not been barred. Acts 2003, No. 610, § 13.\n\n(a) A disclaimer is barred by a written waiver of the right to disclaim.\n\n(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) the disclaimant accepts the interest sought to be disclaimed; (2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or (3) a judicial sale of the interest sought to be disclaimed occurs.\n\n(1) the disclaimant accepts the interest sought to be disclaimed;\n\n(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or\n\n(3) a judicial sale of the interest sought to be disclaimed occurs.\n\n(c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.\n\n(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.\n\n(e) A disclaimer is barred or limited if so provided by law other than this subchapter.\n\n(f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this subchapter had the disclaimer not been barred.","path":["AR Code","Title 28","Chapter 2","Subchapter 2"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"d3d8c6d3b73e7acaa6234e4d16a6519039e85e5bba86e54978c804df3e1a9976","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-28-2-212","next":"us-ar/ark.-code-ann.-28-2-214"},"notice":"GroundRules: Original legal text. Not legal advice."}