§ 739.402, Fla. Stat. · Chapter 739. FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
When disclaimer is barred or limited.
Text — 2026 Florida Statutes
(1) A disclaimer is barred by a written waiver of the right to disclaim.
(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(a) The disclaimant accepts the interest sought to be disclaimed;
(b) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;
(c) The interest sought to be disclaimed is sold pursuant to a judicial sale; or
(d) The disclaimant is insolvent when the disclaimer becomes irrevocable.
(3) 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.
(4) 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.
(5) A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.
Notes and commentary — not statutory text
History
s. 1, ch. 2005-108; s. 17, ch. 2009-115.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0739/0739.html
- Text hash
- sha256 a37524bc333b9d6b942099827ee3f485cc9adc4a99e54544ec4fcc90fea3e572
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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Cited by 4 provisions
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.