CERTIFICATION OF ENROLLMENT

                        SENATE BILL 6138

                        56th Legislature

                      2000 Regular Session

Passed by the Senate February 8, 2000   YEAS 46   NAYS 0 President of the Senate Passed by the House February 29, 2000   YEAS 97   NAYS 0

CERTIFICATE I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 6138 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives	Secretary
Speaker of the       House of Representatives

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                         SENATE BILL 6138

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             Passed Legislature - 2000 Regular Session

State of Washington      56th Legislature     2000 Regular Session

By Senators Johnson, Heavey and Gardner

Read first time 01/10/2000.  Referred to Committee on Judiciary.

Modifying disclaimer of interests under the probate and trust laws.

    AN ACT Relating to disclaimers of interests; and amending RCW 11.86.051.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 11.86.051 and 1989 c 34 s 5 are each amended to read as follows:

(1) A beneficiary may not disclaim an interest if:

    (((1))) (a) The beneficiary has accepted the interest or a benefit thereunder;

    (((2))) (b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has contracted therefor;

    (((3))) (c) The interest has been sold or otherwise disposed of pursuant to judicial process; or

    (((4))) (d) The beneficiary has waived the right to disclaim in writing.  The written waiver of the right to disclaim also is binding upon all persons claiming through or under the beneficiary.

(2) Notwithstanding the provisions of subsection (1)(a) through (c) of this section, a beneficiary's receipt of a benefit from property shall not necessarily bar such beneficiary's disclaimer of an interest in the same property when, prior to the date of the transfer of the interest to be disclaimed, the beneficiary already owned an interest in such property in joint tenancy, as community property, or otherwise.  Any such receipt, in the absence of clear and convincing evidence to the contrary, shall be presumed to be an enjoyment or use of the interest the beneficiary already owned, and only after such interest and any benefit from such interest have been exhausted, shall the beneficiary be deemed to have received or accepted any part of the interest to be disclaimed.

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