{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-2603.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-2603.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-2603.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-2603.html"}],"law_id":376114,"edition_id":2,"section_id":376114,"structure_id":53488,"section_number":"64.2-2603","catch_line":"Power to disclaim; general requirements; when irrevocable","history":"2003, c. 253, \u00a7 64.1-196.4; 2012, c. 614.","full_text":"A\n\nA person may disclaim in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.\n\nB\n\nExcept to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the Commonwealth or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.\n\nC\n\nA custodial parent of a minor for whom no guardian of the property has been appointed may disclaim, in whole or in part, an interest in or power over property, including a power of appointment, that, but for the custodial parent’s disclaimer, would have passed to the minor as the result of another disclaimer. The custodial parent may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.\n\nD\n\nTo be effective, a disclaimer shall be in writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in § 64.2-2610. In this subsection, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n\nE\n\nA partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of power, or any other interest or estate in the property.\n\nF\n\nA disclaimer becomes irrevocable when it is delivered or filed pursuant to § 64.2-2610 or when it becomes effective as provided in §§ 64.2-2604 through 64.2-2609, whichever occurs later.\n\nG\n\nA disclaimer made under this chapter is not a transfer, assignment, or release.\n\n","order_by":null,"text":{"0":{"id":1404352,"text":"A person may disclaim in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404353,"text":"Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the Commonwealth or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1404354,"text":"A custodial parent of a minor for whom no guardian of the property has been appointed may disclaim, in whole or in part, an interest in or power over property, including a power of appointment, that, but for the custodial parent’s disclaimer, would have passed to the minor as the result of another disclaimer. The custodial parent may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1404355,"text":"To be effective, a disclaimer shall be in writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in § 64.2-2610. In this subsection, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1404356,"text":"A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of power, or any other interest or estate in the property.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":1404357,"text":"A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 64.2-2610 or when it becomes effective as provided in §§ 64.2-2604 through 64.2-2609, whichever occurs later.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":1404358,"text":"A disclaimer made under this chapter is not a transfer, assignment, or release.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":53488,"edition_id":2,"name":"Uniform Disclaimer of Property Interests Act","identifier":"26","label":"chapter","depth":3,"order_by":5,"parent_id":53483,"metadata":{"child_laws":15,"child_structures":0},"date_created":"2026-08-02 03:17:09","date_modified":"2026-08-02 12:37:25","permalink":{"id":1502885,"object_type":"structure","relational_id":53488,"identifier":"26","token":"64.2\/V\/26","url":"\/64.2\/V\/26\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53483,"edition_id":2,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":53424,"metadata":{"child_laws":90,"child_structures":12},"date_created":"2026-08-02 03:17:05","date_modified":"2026-08-02 12:37:24","permalink":{"id":1502731,"object_type":"structure","relational_id":53483,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376111,"structure_id":53488,"section_number":"64.2-2600","catch_line":"Definitions","url":"\/64.2-2600\/","token":"64.2\/V\/26\/64.2-2600","metadata":false},{"id":376112,"structure_id":53488,"section_number":"64.2-2601","catch_line":"Scope","url":"\/64.2-2601\/","token":"64.2\/V\/26\/64.2-2601","metadata":false},{"id":376113,"structure_id":53488,"section_number":"64.2-2602","catch_line":"Chapter supplemented by other law","url":"\/64.2-2602\/","token":"64.2\/V\/26\/64.2-2602","metadata":false},{"id":376114,"structure_id":53488,"section_number":"64.2-2603","catch_line":"Power to disclaim; general requirements; when irrevocable","url":"\/64.2-2603\/","token":"64.2\/V\/26\/64.2-2603","metadata":false},{"id":376115,"structure_id":53488,"section_number":"64.2-2604","catch_line":"Disclaimer of interest in property","url":"\/64.2-2604\/","token":"64.2\/V\/26\/64.2-2604","metadata":false},{"id":376116,"structure_id":53488,"section_number":"64.2-2605","catch_line":"Disclaimer of rights of survivorship in jointly held property","url":"\/64.2-2605\/","token":"64.2\/V\/26\/64.2-2605","metadata":false},{"id":376117,"structure_id":53488,"section_number":"64.2-2606","catch_line":"Disclaimer of interest by trustee","url":"\/64.2-2606\/","token":"64.2\/V\/26\/64.2-2606","metadata":false},{"id":376118,"structure_id":53488,"section_number":"64.2-2607","catch_line":"Disclaimer of power of appointment or other power not held in a fiduciary capacity","url":"\/64.2-2607\/","token":"64.2\/V\/26\/64.2-2607","metadata":false},{"id":376119,"structure_id":53488,"section_number":"64.2-2608","catch_line":"Disclaimer by appointee, object, or taker in default of exercise of power of appointment","url":"\/64.2-2608\/","token":"64.2\/V\/26\/64.2-2608","metadata":false},{"id":376120,"structure_id":53488,"section_number":"64.2-2609","catch_line":"Disclaimer of power held in fiduciary capacity","url":"\/64.2-2609\/","token":"64.2\/V\/26\/64.2-2609","metadata":false},{"id":376121,"structure_id":53488,"section_number":"64.2-2610","catch_line":"Delivery or filing","url":"\/64.2-2610\/","token":"64.2\/V\/26\/64.2-2610","metadata":false},{"id":376122,"structure_id":53488,"section_number":"64.2-2611","catch_line":"When disclaimer barred or limited","url":"\/64.2-2611\/","token":"64.2\/V\/26\/64.2-2611","metadata":false},{"id":376123,"structure_id":53488,"section_number":"64.2-2612","catch_line":"Tax qualified disclaimer","url":"\/64.2-2612\/","token":"64.2\/V\/26\/64.2-2612","metadata":false},{"id":376124,"structure_id":53488,"section_number":"64.2-2613","catch_line":"Recording of disclaimer","url":"\/64.2-2613\/","token":"64.2\/V\/26\/64.2-2613","metadata":false},{"id":376125,"structure_id":53488,"section_number":"64.2-2614","catch_line":"Application to existing relationships","url":"\/64.2-2614\/","token":"64.2\/V\/26\/64.2-2614","metadata":false}],"previous_section":{"id":376113,"structure_id":53488,"section_number":"64.2-2602","catch_line":"Chapter supplemented by other law","url":"\/64.2-2602\/","token":"64.2\/V\/26\/64.2-2602","metadata":false},"next_section":{"id":376115,"structure_id":53488,"section_number":"64.2-2604","catch_line":"Disclaimer of interest in property","url":"\/64.2-2604\/","token":"64.2\/V\/26\/64.2-2604","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2603\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 253<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":376115,"section_number":"64.2-2604","catch_line":"Disclaimer of interest in property","order_by":null,"url":"\/64.2-2604\/"},{"id":376120,"section_number":"64.2-2609","catch_line":"Disclaimer of power held in fiduciary capacity","order_by":null,"url":"\/64.2-2609\/"},{"id":376121,"section_number":"64.2-2610","catch_line":"Delivery or filing","order_by":null,"url":"\/64.2-2610\/"}],"permalink":{"id":1502899,"object_type":"law","relational_id":376114,"identifier":"64.2-2603","token":"64.2\/V\/26\/64.2-2603","url":"\/64.2-2603\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-2603\/","token":"64.2\/V\/26\/64.2-2603","dublin_core":{"Title":"Power to disclaim; general requirements; when irrevocable","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2603","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span> may disclaim in whole or in part, any interest in or power over property, including a power of appointment. A person<\/span> may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except to the extent a fiduciary<\/span>’s right to disclaim is expressly restricted or limited by another statute<\/span> of the Commonwealth or by the instrument creating the fiduciary<\/span> relationship, a fiduciary<\/span> may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary<\/span> may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary<\/span> relationship imposed a restriction or limitation on the right to disclaim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A custodial parent of a minor<\/span> for whom no guardian of the property has been appointed may disclaim, in whole or in part, an interest in or power over property, including a power of appointment, that, but for the custodial parent’s disclaimer<\/span>, would have passed to the minor<\/span> as the result of another disclaimer<\/span>. The custodial parent may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> To be effective, a disclaimer<\/span> shall be in writing or other record<\/span>, declare the disclaimer<\/span>, describe the interest or power disclaimed, be signed by the person<\/span> making the disclaimer<\/span>, and be delivered or filed in the manner provided in § 64.2-2610<\/a>. In this subsection, “record<\/span>” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A partial disclaimer<\/span> may be expressed as a fraction, percentage, monetary amount, term of years, limitation of power, or any other interest or estate in the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A disclaimer<\/span> becomes irrevocable when it is delivered or filed pursuant to § 64.2-2610<\/a> or when it becomes effective as provided in §§ 64.2-2604<\/a> through 64.2-2609<\/a>, whichever occurs later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A disclaimer<\/span> made under this chapter is not a transfer, assignment, or release. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE (\u00a7 64.2-2603)\n\nA. A person may disclaim in whole or in part, any interest in or power over\nproperty, including a power of appointment. A person may disclaim the interest\nor power even if its creator imposed a spendthrift provision or similar\nrestriction on transfer or a restriction or limitation on the right to disclaim.\n\nB. Except to the extent a fiduciary’s right to disclaim is expressly\nrestricted or limited by another statute of the Commonwealth or by the\ninstrument creating the fiduciary relationship, a fiduciary may disclaim, in\nwhole or in part, any interest in or power over property, including a power of\nappointment, whether acting in a personal or representative capacity. A\nfiduciary may disclaim the interest or power even if its creator imposed a\nspendthrift provision or similar restriction on transfer or a restriction or\nlimitation on the right to disclaim, or an instrument other than the instrument\nthat created the fiduciary relationship imposed a restriction or limitation on\nthe right to disclaim.\n\nC. A custodial parent of a minor for whom no guardian of the property has been\nappointed may disclaim, in whole or in part, an interest in or power over\nproperty, including a power of appointment, that, but for the custodial\nparent’s disclaimer, would have passed to the minor as the result of\nanother disclaimer. The custodial parent may disclaim the interest or power even\nif its creator imposed a spendthrift provision or similar restriction on\ntransfer or a restriction or limitation on the right to disclaim.\n\nD. To be effective, a disclaimer shall be in writing or other record, declare\nthe disclaimer, describe the interest or power disclaimed, be signed by the\nperson making the disclaimer, and be delivered or filed in the manner provided\nin § 64.2-2610. In this subsection, “record” means information\nthat is inscribed on a tangible medium or that is stored in an electronic or\nother medium and is retrievable in perceivable form.\n\nE. A partial disclaimer may be expressed as a fraction, percentage, monetary\namount, term of years, limitation of power, or any other interest or estate in\nthe property.\n\nF. A disclaimer becomes irrevocable when it is delivered or filed pursuant to\n§ 64.2-2610 or when it becomes effective as provided in §§\n64.2-2604 through 64.2-2609, whichever occurs later.\n\nG. A disclaimer made under this chapter is not a transfer, assignment, or\nrelease.\n\nHISTORY: 2003, c. 253, \u00a7 64.1-196.4; 2012, c. 614.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}