Disclaimer of Testamentary and Other InterestsDefinitions
Section § 260
This law section states that, unless there's a specific reason not to, the definitions provided in this chapter should be used to interpret the rest of this part of the code.
Section § 262
The term 'Beneficiary' refers to someone who has the right to receive an inheritance or interest in an estate, but they can choose to refuse it.
Section § 263
This law section explains who is considered the "creator of the interest" in various legal contexts. The "creator of the interest" refers to anyone who establishes or initiates a legal claim or asset. Depending on the situation, this can mean different people. For example, if someone dies without a will, they are considered the creator of the interest in that inheritance; in a will, it's the person who wrote it. In trusts, it's the settlor, and for life insurance or annuities, it's typically the policy owner. Other creators can include donors of gifts, deceased joint tenants, or owners of employee benefit plans and retirement accounts.
Section § 264
This section defines a 'disclaimant' as either a beneficiary who chooses to reject an inheritance or someone who does so on the beneficiary's behalf.
Section § 265
A "disclaimer" is a written statement where someone gives up their right to inherit or receive an interest in something as a beneficiary.
Section § 266
This law section explains that an "employee benefit plan" encompasses various types of plans that provide financial benefits to employees. This includes pensions, retirement funds, death benefits, stock bonuses, and profit-sharing plans.
Section § 267
This section defines what counts as an 'interest' in property. Basically, it covers anything from full ownership to specific rights or powers over property, like using or managing it. Interest can be created in various ways, such as through inheritance, wills, trusts, gifts, and insurance contracts. It also includes situations like surviving the death of a joint tenant or participant in a benefit plan, and through various designations or legal instruments.