{"data":{"id":"us-nm/45-2-1113","jurisdiction":"us-nm","citation":"45-2-1113","heading":"When disclaimer barred or limited.","body":"A. A disclaimer is barred by a written waiver of the right to disclaim.\nB. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:\n(1) the disclaimant accepts the interest sought to be disclaimed;\n(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or\n(3) a judicial sale of the interest sought to be disclaimed occurs.\nC. 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.\nD. 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.\nE. A disclaimer is barred or limited if so provided by law other than the Uniform Disclaimer of Property Interests Act.\nF. A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under the Uniform Disclaimer of Property Interests Act had the disclaimer not been barred.","path":["Chapter 45 - Uniform Probate Code","ARTICLE 2 Intestate Succession and Wills"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18546/index.do","current_through":"2024-09-06","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"8b930982bf16c7e0c4b7d1c2b88b2018148e19285b34530ae6896ff9057b3ee0","source_id":"us-nm","stale":false,"prev":"us-nm/45-2-1112","next":"us-nm/45-2-1114"},"notice":"GroundRules: Original legal text. Not legal advice."}