§ 6205. Effect of disclaimer.
(a) In general.--A disclaimer relates back for all purposes to the date of the death of the decedent
or the effective date of the inter vivos transfer or third-party beneficiary contract
as the case may be. The disclaimer shall not in any way diminish the interest of any
person other than the disclaimant in such person's own right under the instrument
creating the disclaimed interest or under the intestate laws nor diminish any interest
to which such person becomes entitled under subsection (b) by reason of the disclaimer.
(b) Rights of other parties.--Unless a testator or donor has provided for another disposition, the disclaimer shall,
for purposes of determining the rights of other parties, be equivalent to the disclaimant's
having died before the decedent in the case of a devolution by will or intestacy or
before the effective date of an inter vivos transfer, or third-party beneficiary contract,
except that, when applying section 2104(1) (relating to rules of succession) or analogous
provisions of a governing instrument, the fact that the disclaimant actually survived
shall be recognized in determining whether other parties take equally or by representation,
and except that if, as a result of a disclaimer, property passes to a fund in which
the disclaimant has an interest or power which he has not disclaimed, the disclaimant
shall retain his interest or power in the fund as augmented by the disclaimed property.
(c) Powers of appointment.--In applying this section to an interest that would have devolved by reason of the
exercise of a power of appointment, the person exercising the power shall be regarded
as the decedent or transferor, as the case may be.
(d) Rights of creditors of disclaimant.--Nothing in this section shall determine the effect of a disclaimer upon the rights
of creditors of the disclaimant.
(Oct. 12, 1984, P.L.929, No.182, eff. imd.; May 16, 2002, P.L.330, No.50, eff. 60
days)
2002 Amendment. Act 50 amended subsec. (a) and added subsec. (d). See section 14(b)(3) of Act 50 in
the appendix to this title for special provisions relating to applicability.
1984 Amendment. Act 182 amended subsecs. (a) and (b).
Notes of Decisions
Cited in
10
cases, 1993–2007 · leading case:
Gillette v. Wurst, 937 A.2d 430 (Pa. 2007).
Gillette v. Wurst, 937 A.2d 430 (Pa. 2007).
· cites it 8× “" 20 Pa.C.S. § 6205. Therefore, Ms. Gillette's disclaimer creates a legal fiction that assumes that she died before her husband was fatally wounded, and thus she could not have acquired a right to which Utica's right of subrogation could attach.”
In Re Est. of Ciaffoni, 787 A.2d 971 (Pa. Super. Ct. 2001).
· cites it 4× “20 Pa.C.S. § 6205 (emphasis added). ¶ 9 The most fundamental rule used when determining the meaning of a statute or rule is to begin with the plain meaning of the language used in that statute or rule.”
Gallaher ex rel. Rockwood Cas. Ins. v. Riddle, 850 A.2d 748 (Pa. Super. Ct. 2004).
· cites it 3× “He further contends that the court erred in refusing to apply Section 6205 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 6205, providing that a disclaimer relates back to the date of the death of the decedent.”
In re the Est. of McCutcheon, 699 A.2d 746 (Pa. Super. Ct. 1997).
· cites it 2× “*748 O’Brien found that the effect of the disclaimer by Patricia Sanders, by virtue of 20 Pa. C.S. § 6205 Effect of Disclaimer, subsection (b) Rights of other parties, is to deem that she predeceased the decedent.”
Gillette v. Wurst, 869 A.2d 488 (Pa. Super. Ct. 2005).
· cites it 2× “By operation of law, “a disclaimer relates back for all purposes to the date of death of the decedent,” 20 Pa.C.S. § 6205(a), and “shall, for purposes of determining the rights of other parties, be equivalent to the disclaimant’s having died before the decedent in a case of a…”
Leigh v. Commonwealth, 648 A.2d 1346 (Pa. Commw. Ct. 1994).
“Section 6205(a) of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 6205(a), provides: (a) In general.”
Leigh v. Commonwealth, 661 A.2d 1374 (Pa. 1995).
“We affirm on the basis that the disclaimer executed by Planned Parenthood pursuant to 20 Pa.C.S. § 6205(a) made the transfer of real property to an inter vivos trust, of which *1375 Planned Parenthood had been a beneficiary, exempt from realty transfer tax.”
In re Est. of Hydock, 80 Pa. D. & C.4th 78 (2006).
· cites it 2× “38 The respondent argues against setting aside the disclaimer by invoking 20 Pa.C.S. §6205(a), 39 which provides: “In General — A disclaimer relates back for all purposes to the date of the death of the decedent or the effective date of the inter vivos transfer or third party…”
In re Est. of Hewitt, 688 A.2d 1185 (Pa. Super. Ct. 1996).
“See 20 Pa.C.S. § 6205(a), (b) (“A disclaimer relates back for all purposes to the date of the death of the decedent.”
Bernecker Est., 19 Pa. D. & C.4th 32 (1993).
“20 Pa.C.S. §6205(a). A disclaimer may be made at any time before acceptance of the disclaimed property, which may be express or inferred from actions of the person entitled to receive an interest in the property.”
— 20 Pa. Cons. Stat. § 6205(a) — 8 cases
In Re Est. of Ciaffoni, 787 A.2d 971 (Pa. Super. Ct. 2001).
“20 Pa.C.S. § 6205 (emphasis added). ¶ 9 The most fundamental rule used when determining the meaning of a statute or rule is to begin with the plain meaning of the language used in that statute or rule.”
Gillette v. Wurst, 869 A.2d 488 (Pa. Super. Ct. 2005).
“By operation of law, “a disclaimer relates back for all purposes to the date of death of the decedent,” 20 Pa.C.S. § 6205(a), and “shall, for purposes of determining the rights of other parties, be equivalent to the disclaimant’s having died before the decedent in a case of a…”
Gallaher ex rel. Rockwood Cas. Ins. v. Riddle, 850 A.2d 748 (Pa. Super. Ct. 2004).
“He further contends that the court erred in refusing to apply Section 6205 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 6205, providing that a disclaimer relates back to the date of the death of the decedent.”
Leigh v. Commonwealth, 648 A.2d 1346 (Pa. Commw. Ct. 1994).
“Section 6205(a) of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 6205(a), provides: (a) In general.”
Leigh v. Commonwealth, 661 A.2d 1374 (Pa. 1995).
“We affirm on the basis that the disclaimer executed by Planned Parenthood pursuant to 20 Pa.C.S. § 6205(a) made the transfer of real property to an inter vivos trust, of which *1375 Planned Parenthood had been a beneficiary, exempt from realty transfer tax.”
— 20 Pa. Cons. Stat. § 6205(b) — 3 cases
Gillette v. Wurst, 937 A.2d 430 (Pa. 2007).
“" 20 Pa.C.S. § 6205. Therefore, Ms. Gillette's disclaimer creates a legal fiction that assumes that she died before her husband was fatally wounded, and thus she could not have acquired a right to which Utica's right of subrogation could attach.”
In Re Est. of Ciaffoni, 787 A.2d 971 (Pa. Super. Ct. 2001).
“20 Pa.C.S. § 6205 (emphasis added). ¶ 9 The most fundamental rule used when determining the meaning of a statute or rule is to begin with the plain meaning of the language used in that statute or rule.”
Gillette v. Wurst, 869 A.2d 488 (Pa. Super. Ct. 2005).
“By operation of law, “a disclaimer relates back for all purposes to the date of death of the decedent,” 20 Pa.C.S. § 6205(a), and “shall, for purposes of determining the rights of other parties, be equivalent to the disclaimant’s having died before the decedent in a case of a…”
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