{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-2604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-2604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-2604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-2604.html"}],"law_id":376115,"edition_id":2,"section_id":376115,"structure_id":53488,"section_number":"64.2-2604","catch_line":"Disclaimer of interest in property","history":"2003, c. 253, \u00a7 64.1-196.5; 2012, c. 614.","full_text":"A\n\nIn this section:\n\t\t\t“Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.\n\n\t\t\t“Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.\n\nB\n\nExcept for a disclaimer governed by \u00a7 64.2-2605 or 64.2-2606, the following rules apply to a disclaimer of an interest in property:\n\n1\n\nThe disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate’s death.\n\n2\n\nThe disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.\n\n3\n\nIf the instrument does not contain a provision described in subdivision 2, the following rules apply:\n\t\t\t\ta. If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. However, if by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive at the time of distribution.\n\n\t\t\t\tb. If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.\n\n4\n\nUpon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.\n\n","order_by":null,"text":{"0":{"id":1404359,"text":"In this section:\n\t\t\t“Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.\t\t\t“Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404360,"text":"Except for a disclaimer governed by \u00a7 64.2-2605 or 64.2-2606, the following rules apply to a disclaimer of an interest in property:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":1404361,"text":"The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate’s death.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":1404362,"text":"The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":1404363,"text":"If the instrument does not contain a provision described in subdivision 2, the following rules apply:\n\t\t\t\ta. If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. However, if by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive at the time of distribution.\t\t\t\tb. If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":1404364,"text":"Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2604\/","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":[{"id":376114,"section_number":"64.2-2603","catch_line":"Power to disclaim; general requirements; when irrevocable","order_by":null,"url":"\/64.2-2603\/"},{"id":376224,"section_number":"64.2-416","catch_line":"Devises, bequests, and distributions that fail; how to pass","order_by":null,"url":"\/64.2-416\/"}],"refers_to":[{"id":376116,"section_number":"64.2-2605","catch_line":"Disclaimer of rights of survivorship in jointly held property","order_by":null,"url":"\/64.2-2605\/"},{"id":376117,"section_number":"64.2-2606","catch_line":"Disclaimer of interest by trustee","order_by":null,"url":"\/64.2-2606\/"}],"permalink":{"id":1502903,"object_type":"law","relational_id":376115,"identifier":"64.2-2604","token":"64.2\/V\/26\/64.2-2604","url":"\/64.2-2604\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-2604\/","token":"64.2\/V\/26\/64.2-2604","dublin_core":{"Title":"Disclaimer of interest in property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In this section:\n\t\t\t“Future interest<\/span>” means an interest that takes effect in possession<\/span> or enjoyment, if at all, later than the time of its creation.

\t\t\t“Time of distribution<\/span>” means the time when a disclaimed interest<\/span> would have taken effect in possession<\/span> or enjoyment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except for a disclaimer<\/span> governed by \u00a7 64.2-2605<\/a> or 64.2-2606<\/a>, the following rules apply to a disclaimer<\/span> of an interest in property: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The disclaimer<\/span> takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law<\/span> of intestate succession, as of the time of the intestate’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The disclaimed interest<\/span> passes according to any provision in the instrument creating the interest providing for the disposition<\/span> of the interest, should it be disclaimed, or of disclaimed interests<\/span> in general. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the instrument does not contain a provision described in subdivision 2, the following rules apply:\n\t\t\t\ta. If the disclaimant<\/span> is an individual, the disclaimed interest<\/span> passes as if the disclaimant<\/span> had died immediately before the time of distribution<\/span>. However, if by law<\/span> or under the instrument, the descendants of the disclaimant<\/span> would share in the disclaimed interest<\/span> by any method of representation had the disclaimant<\/span> died before the time of distribution<\/span>, the disclaimed interest<\/span> passes only to the descendants of the disclaimant<\/span> who survive at the time of distribution<\/span>.

\t\t\t\tb. If the disclaimant<\/span> is not an individual, the disclaimed interest<\/span> passes as if the disclaimant<\/span> did not exist. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Upon the disclaimer<\/span> of a preceding interest, a future interest<\/span> held by a person<\/span> other than the disclaimant<\/span> takes effect as if the disclaimant<\/span> had died or ceased to exist immediately before the time of distribution<\/span>, but a future interest<\/span> held by the disclaimant<\/span> is not accelerated in possession<\/span> or enjoyment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCLAIMER OF INTEREST IN PROPERTY (\u00a7 64.2-2604)\n\nA. In this section:\n\t\t\t“Future interest” means an interest that takes effect in\npossession or enjoyment, if at all, later than the time of its\ncreation.\t\t\t“Time of distribution” means the time when a disclaimed\ninterest would have taken effect in possession or enjoyment.\n\nB. Except for a disclaimer governed by \u00a7 64.2-2605 or 64.2-2606, the following\nrules apply to a disclaimer of an interest in property:\n\n 1. The disclaimer takes effect as of the time the instrument creating the\n interest becomes irrevocable or, if the interest arose under the law of\n intestate succession, as of the time of the intestate’s death.\n\n 2. The disclaimed interest passes according to any provision in the instrument\n creating the interest providing for the disposition of the interest, should it\n be disclaimed, or of disclaimed interests in general.\n\n 3. If the instrument does not contain a provision described in subdivision 2,\n the following rules apply:\n \t\t\t\ta. If the disclaimant is an individual, the disclaimed interest passes as\n if the disclaimant had died immediately before the time of distribution.\n However, if by law or under the instrument, the descendants of the disclaimant\n would share in the disclaimed interest by any method of representation had the\n disclaimant died before the time of distribution, the disclaimed interest\n passes only to the descendants of the disclaimant who survive at the time of\n distribution.\t\t\t\tb. If the disclaimant is not an individual, the disclaimed\n interest passes as if the disclaimant did not exist.\n\n 4. Upon the disclaimer of a preceding interest, a future interest held by a\n person other than the disclaimant takes effect as if the disclaimant had died\n or ceased to exist immediately before the time of distribution, but a future\n interest held by the disclaimant is not accelerated in possession or\n enjoyment.\n\nHISTORY: 2003, c. 253, \u00a7 64.1-196.5; 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"}}