Kentucky Revised Statutes

Ky. Rev. Stat. § 394.640 (2026)

Waiver and bar

✓ current as of May 2026

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(1) The right to disclaim property or an interest therein is barred by (a) an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor, (b) a written waiver of the right to disclaim, (c) an acceptance of the property or interest or benefit thereunder, or (d) a sale of the property or interest under judicial sale made before the disclaimer is effected.

(2) The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.

(3) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him. History: Created 1974 Ky. Acts ch. 329, sec. 4, 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).

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Ernst v. Shaw, 783 S.W.2d 400 (Ky. Ct. App. 1990). “We do not interpret KRS 394.640(3) as depriving Ralph Jr.’s three children of their interest in the Castlewood property.”

— Ky. Rev. Stat. § 394.640(3) — 1 case

Ernst v. Shaw, 783 S.W.2d 400 (Ky. Ct. App. 1990). “We do not interpret KRS 394.640(3) as depriving Ralph Jr.’s three children of their interest in the Castlewood property.”

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