{"data":{"id":"us-mt/72-2-829","jurisdiction":"us-mt","citation":"72-2-829","heading":"When disclaimer barred or limited.","body":"(1) A disclaimer is barred by a written waiver of the right to disclaim.\n(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:\n(a) the disclaimant accepts the interest sought to be disclaimed;\n(b) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or\n(c) a judicial sale of the interest sought to be disclaimed occurs.\n(3) 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(4) 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(5) A disclaimer is barred or limited if so provided by law other than 72-2-817 through 72-2-833.\n(6) 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 72-2-817 through 72-2-833 had the disclaimer not been barred.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS","Part 8. General Provisions Concerning Probate and Nonprobate Transfers"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0080/section_0290/0720-0020-0080-0290.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:00Z","sha256":"7caae7070fe7c8abe27476b47ce2c302970d2e8ff787f88a77ca7da4523702b6","source_id":"us-mt","stale":false,"prev":"us-mt/72-2-828","next":"us-mt/72-2-830"},"notice":"GroundRules: Original legal text. Not legal advice."}