CHAPTER 62
DISCLAIMERS
Sec.
6201. Right to disclaim.
6202. Disclaimers by fiduciaries or agents.
6203. Interests subject to disclaimer.
6204. Filing, delivery and recording.
6205. Effect of disclaimer.
6206. Bar to disclaimer.
6207. Other statutes.
Enactment. Chapter 62 was added July 9, 1976, P.L.562, No.136, effective immediately.
Cross References. Chapter 62 is referred to in sections 5318, 5601.4 of this title.
§ 6201. Right to disclaim.
A person to whom an interest in property would have devolved by whatever means, including
a beneficiary under a will, an appointee under the exercise of a power of appointment,
a person entitled to take by intestacy, a joint tenant with right of survivorship,
a donee of an inter vivos transfer, a donee under a third-party beneficiary contract
(including beneficiaries of life insurance and annuity policies and pension, profit-sharing
and other employee benefit plans), and a person entitled to a disclaimed interest,
may disclaim it in whole or in part by a written disclaimer which shall:
(1) describe the interest disclaimed;
(2) declare the disclaimer and extent thereof; and
(3) be signed by the disclaimant.
The right to disclaim shall exist notwithstanding any limitation on the interest in
the nature of a spendthrift provision or similar restriction.
(Oct. 12, 1984, P.L.929, No.182, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 60
days)
Notes of Decisions
Cited in
7
cases, 1980–2007 · leading case:
Gillette v. Wurst, 937 A.2d 430 (Pa. 2007).
Gillette v. Wurst, 937 A.2d 430 (Pa. 2007).
· cites it 16× “, at 494 (quoting 20 Pa. C.S. § 6201). The court determined § 671 of the Act and the cases interpreting it establish only that a "workers' compensation claimant may not apportion his interest in a third party tort recovery to defeat a workers' compensation subrogation interest.”
Gillette v. Wurst, 869 A.2d 488 (Pa. Super. Ct. 2005).
· cites it 4× “Whether the trial court abused its discretion in approving Appellee, Debbie Gillette’s Amended Petition for Approval of the Wrongful Death Settlement and Distribution, where Plaintiff waived her right to certain benefits allowed under 20 Pa.C.S. § 6201, when all the remaining…”
Est. of Clark, 410 A.2d 796 (Pa. 1980).
· cites it 2× “" Bregy, Intestacy, Wills and Estates Acts of 1947, section 3, ¶ 5 (Bisel 1949); see Official Advisory Committee Comment to 20 Pa.C.S. § 6201 ("release after acceptance.”
Dyer v. Eckols, 808 S.W.2d 531 (Tex. App. 1991).
“657 (1990); 20 Pa.Cons. Stat.Ann. §§ 6201, 6205(a), (b) (Purdon Supp.”
Bernecker Est., 19 Pa. D. & C.4th 32 (1993).
· cites it 3× “” 20 Pa.C.S. §6201. Section 6202 of the Probate, Estates and Fiduciaries (PEF) Code, 20 Pa.”
Est. of Halpern v. Comm'r, 70 T.C.M. 229 (Tax Ct. 1995).
· cites it 2× “we are concerned with does not require an explicit declaration of release.”
Johnson v. Johnson, 43 Pa. D. & C.3d 653 (1985).
“We hold as a matter of law limited to factual situations herein where a judgment debtor owes support that there is no distinction between disclaimers &nd renunciations.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.