Michigan Compiled Laws

Mich. Comp. Laws § 700.2910 (2026)

Barring right to disclaim.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.2910 Barring right to disclaim.

Sec. 2910.

    (1) The right to disclaim property is barred by any of the following events that occur after the event giving rise to the right to disclaim and before the disclaimer is perfected:

    (a) An assignment, conveyance, encumbrance, pledge, or transfer of the property, or a contract for such a transaction.

    (b) A written waiver of the right to disclaim.

    (c) An acceptance of the disclaimable interest or a benefit under the disclaimable interest after actual knowledge that a property right has been conferred.

    (d) A sale of the property under judicial sale.

    (e) The expiration of the permitted applicable perpetuities period.

    (2) The right to disclaim is barred to the extent provided by other applicable law. A partial bar does not preclude the disclaimant from disclaiming all or any part of the balance of the property if the disclaimant has received a portion of the property and there still remains an interest that the disclaimant is yet to receive. An act that bars the right to disclaim a present interest in joint property does not bar the right to disclaim a future interest in joint property.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004

PopularName Notes:

EPIC
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2005–2025 · leading case: Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005).
Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005). · cites it 2× “2974(3)(d) ("with the actual knowledge that the conduct was injurious to consumers"); MCL 700.2910(1)(c) ("after actual knowledge that a property right has been conferred"); MCL 700.”
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). · cites it 3× “MCL 700.2910(2) provides, for example, that the “right to disclaim is barred to the extent provided by other applicable law.”
In Re Herbert Irrevocable Fam. Trust (Mich. Ct. App. 2025). · cites it 3× “The terms of the agreement are also inconsistent with MCL 700.2910, which provides in relevant part: (1) The right to disclaim property is barred by any of the following events that occur after the event giving rise to the right to disclaim and before the disclaimer is…”
— Mich. Comp. Laws § 700.2910(1) — 1 case
In Re Herbert Irrevocable Fam. Trust (Mich. Ct. App. 2025). “The terms of the agreement are also inconsistent with MCL 700.2910, which provides in relevant part: (1) The right to disclaim property is barred by any of the following events that occur after the event giving rise to the right to disclaim and before the disclaimer is…”
— Mich. Comp. Laws § 700.2910(1)(c) — 1 case
Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005). “2974(3)(d) ("with the actual knowledge that the conduct was injurious to consumers"); MCL 700.2910(1)(c) ("after actual knowledge that a property right has been conferred"); MCL 700.”
— Mich. Comp. Laws § 700.2910(2) — 1 case
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). “MCL 700.2910(2) provides, for example, that the “right to disclaim is barred to the extent provided by other applicable law.”
— Mich. Comp. Laws § 700.2910(l)(c) — 2 cases
Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005). “2974(3)(d) ("with the actual knowledge that the conduct was injurious to consumers"); MCL 700.2910(1)(c) ("after actual knowledge that a property right has been conferred"); MCL 700.”
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). “MCL 700.2910(2) provides, for example, that the “right to disclaim is barred to the extent provided by other applicable law.”
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