Florida Statutes
Fla. Stat. § 739.402 (2025)
When disclaimer is barred or limited.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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739.402 When disclaimer is barred or limited.—
(1) A disclaimer is barred by a written waiver of the right to disclaim.
(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(a) The disclaimant accepts the interest sought to be disclaimed;
(b) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;
(c) The interest sought to be disclaimed is sold pursuant to a judicial sale; or
(d) The disclaimant is insolvent when the disclaimer becomes irrevocable.
(3) A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(4) A disclaimer, in whole or in 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.
(5) A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.
Notes of Decisions
Cited in 1
case, 2007–2007 · leading case: Garcia v. Morrow, 954 So. 2d 656 (Fla. 3d DCA 2007).
Garcia v. Morrow, 954 So. 2d 656 (Fla. 3d DCA 2007). “NOTES [1] Section 739.402, Florida Statutes (2006) provides in part: (2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: .”
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