Kentucky Revised Statutes
Ky. Rev. Stat. § 394.630 (2026)
Effect of disclaimer
✓ current as of May 2026
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Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power. A future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had predeceased the decedent or the donee of the power. A disclaimer relates back for all purposes to the date of the death of the decedent or the donee of the power. History: Created 1974 Ky. Acts ch. 329, sec. 3, effective June 21, 1974.
Notes of Decisions
Cited in 1
case, 1990–1990 · leading case: Ernst v. Shaw, 783 S.W.2d 400 (Ky. Ct. App. 1990).
Ernst v. Shaw, 783 S.W.2d 400 (Ky. Ct. App. 1990). “The children counterclaimed that their father’s Deed of Disclaimer did not release his interest to his two sisters, but on the contrary, his interest passed to them (the children) by virtue of KRS 394.630 and other relevant law. The trial court granted appellees summary judgment…”
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