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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
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.
Passed the Senate February 8, 2000.
Passed the House February 29, 2000.
Approved by the Governor
March 17, 2000.
Filed
in Office of Secretary of State March 17, 2000.
