{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-2611.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-2611.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-2611.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-2611.html"}],"law_id":376122,"edition_id":2,"section_id":376122,"structure_id":53488,"section_number":"64.2-2611","catch_line":"When disclaimer barred or limited","history":"2003, c. 253, \u00a7 64.1-196.12; 2012, c. 614.","full_text":"A\n\nA disclaimer is barred by a written waiver of the right to disclaim.\n\nB\n\nA disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (i) the disclaimant accepts the interest sought to be disclaimed; (ii) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or (iii) a judicial sale of the interest sought to be disclaimed occurs.\n\nC\n\nA disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.\n\nD\n\nA disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.\n\nE\n\nA disclaimer is barred or limited if so provided by law other than this chapter.\n\nF\n\nA disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.\n\n","order_by":null,"text":{"0":{"id":1404390,"text":"A disclaimer is barred by a written waiver of the right to disclaim.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404391,"text":"A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (i) the disclaimant accepts the interest sought to be disclaimed; (ii) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or (iii) a judicial sale of the interest sought to be disclaimed occurs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1404392,"text":"A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1404393,"text":"A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1404394,"text":"A disclaimer is barred or limited if so provided by law other than this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":1404395,"text":"A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2611\/","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":376125,"section_number":"64.2-2614","catch_line":"Application to existing relationships","order_by":null,"url":"\/64.2-2614\/"}],"refers_to":false,"permalink":{"id":1502931,"object_type":"law","relational_id":376122,"identifier":"64.2-2611","token":"64.2\/V\/26\/64.2-2611","url":"\/64.2-2611\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-2611\/","token":"64.2\/V\/26\/64.2-2611","dublin_core":{"Title":"When disclaimer barred or limited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2611","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A disclaimer<\/span> is barred by a written waiver<\/span> of the right to disclaim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A disclaimer<\/span> of an interest in property is barred if any of the following events occur before the disclaimer<\/span> becomes effective: (i) the disclaimant<\/span> accepts the interest sought to be disclaimed; (ii) the disclaimant<\/span> voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts<\/span> to do so; or (iii) a judicial sale of the interest sought to be disclaimed occurs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A disclaimer<\/span>, in whole or in part, of the future exercise of a power held in a fiduciary<\/span> capacity is not barred by its previous exercise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A disclaimer<\/span>, in whole or in part, of the future exercise of a power not held in a fiduciary<\/span> capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A disclaimer<\/span> is barred or limited if so provided by law<\/span> other than this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A disclaimer<\/span> of a power over property that is barred by this section is ineffective. A disclaimer<\/span> of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons<\/span> who would have taken the interest under this chapter had the disclaimer<\/span> not been barred. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN DISCLAIMER BARRED OR LIMITED (\u00a7 64.2-2611)\n\nA. A disclaimer is barred by a written waiver of the right to disclaim.\n\nB. A disclaimer of an interest in property is barred if any of the following\nevents occur before the disclaimer becomes effective: (i) the disclaimant\naccepts the interest sought to be disclaimed; (ii) the disclaimant voluntarily\nassigns, conveys, encumbers, pledges, or transfers the interest sought to be\ndisclaimed or contracts to do so; or (iii) a judicial sale of the interest\nsought to be disclaimed occurs.\n\nC. A disclaimer, in whole or in part, of the future exercise of a power held in\na fiduciary capacity is not barred by its previous exercise.\n\nD. A disclaimer, in whole or in part, of the future exercise of a power not held\nin a fiduciary capacity is not barred by its previous exercise unless the power\nis exercisable in favor of the disclaimant.\n\nE. A disclaimer is barred or limited if so provided by law other than this\nchapter.\n\nF. A disclaimer of a power over property that is barred by this section is\nineffective. A disclaimer of an interest in property that is barred by this\nsection takes effect as a transfer of the interest disclaimed to the persons who\nwould have taken the interest under this chapter had the disclaimer not been\nbarred.\n\nHISTORY: 2003, c. 253, \u00a7 64.1-196.12; 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"}}