{"data":{"id":"us-vt/14-v.s.a.-4105","jurisdiction":"us-vt","citation":"14 V.S.A. § 4105","heading":"Power to disclaim; general requirements; when irrevocable","body":"(a) A person may disclaim, in whole or in part, 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 or limitation on the right to disclaim.\n(b) Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of this State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.\n(c) To the extent that there is no material conflict of interest, a parent, as defined in 15C V.S.A. § 102(16), can disclaim on behalf of the parent’s minor child, if a guardian has not been or is not required to be appointed for the child.\n(d) To be effective, a disclaimer shall be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed, and be delivered or filed in the manner provided in section 4112 of this title. As used in this subsection:\n(1) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n(2) “Signed” means:\n(A) by the person making the disclaimer, or by another individual directed by the person making the disclaimer to sign the name of the person making the disclaimer in the presence of the person making the disclaimer and two credible witnesses who shall also sign the record in the presence of all parties hereto; and\n(B) with present intent to authenticate or adopt a record to:\n(i) execute or adopt a tangible symbol; or\n(ii) attach to or logically associate with the record an electronic sound, symbol, or process.\n(e) 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(f) A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 4112 of this title or when it becomes effective as provided in sections 4107–4111 of this title, whichever occurs later.\n(g) A disclaimer made under this chapter is not a transfer, assignment, or release.","path":["Title 14: Decedents Estates and Fiduciary Relations","Chapter 129: Vermont Disclaimer of Property Interests Act"],"source_url":"https://legislature.vermont.gov/statutes/section/14/129/04105","current_through":"2026 session","vintage":"","retrieved_at":"2026-10-25T09:27:56Z","sha256":"226e521045c7690a95474d267374714185758c45ddbda5c954bf1d9d72a4d117","source_id":"us-vt","stale":false,"prev":"us-vt/14-v.s.a.-4104","next":"us-vt/14-v.s.a.-4106"},"notice":"GroundRules: Original legal text. Not legal advice."}