{"data":{"id":"us-wv/w.-va.-code-42-6-13","jurisdiction":"us-wv","citation":"W. Va. Code § 42-6-13","heading":"When disclaimer barred or limited.","body":"(a) A disclaimer is barred by a written waiver of the right to disclaim.\n(b) 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.\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(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(e) A disclaimer of a power over property which is barred by this section is ineffective as a disclaimer: Provided, That a disclaimer of an interest in property which is barred by this section takes effect as a transfer or conveyance of the interest disclaimed to the persons who would have taken the interest under this article had the disclaimer not been barred.","path":["CHAPTER 42. DESCENT AND DISTRIBUTION.","ARTICLE 6. UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT."],"source_url":"https://code.wvlegislature.gov/42-6-13/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:29Z","sha256":"47a3b0a01a51b940abefc9050ca65931a1ca1a1f28866e36cc053096cc18a732","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-42-6-12","next":"us-wv/w.-va.-code-42-6-14"},"notice":"GroundRules: Original legal text. Not legal advice."}