Friday, July 4, 2014

What does i hereby authorize and empower any beneficiary designated herein to disclaim all or any portion of that part of my estate passing ...

Question

What does i hereby authorize and empower any beneficiary designated herein to disclaim all or any portion of that part of my estate passing to such benificiary under this will mean



Answer

Without looking at the whole document, I can't say. It would be strange language for a testator/testatrix (a person making a will) or settlor of a trust to include. The testator /settlor does not get to decide if a beneficiary can disclaim. State and federal law already allows a beneficiary of a will or trust to disclaim so long as the disclaimer is filed within 9 months of death and is in proper form.

So what document contains this language, who made the document and why is it inserted?



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