Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Alaska

TIMING — IRC § 2518 (9-MONTH DEADLINE): Alaska's Act (AS 13.70) sets no internal deadline, but AS 13.70.120(b) makes a tax-qualified disclaimer subject to the federal time limits. To qualify under 26 U.S.C. § 2518, this writing must be signed and delivered within nine (9) months after the decedent's death or other transfer (or within 9 months after the disclaimant turns 21), with no acceptance of the interest or its benefits. Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF ALASKA

TABLE OF CONTENTS

1. Disclaimant Information
2. Identification of the Transfer and Interest Disclaimed
3. Statutory Authority
4. The Disclaimer
5. Qualified-Disclaimer Representations
6. Effect and Passing of the Disclaimed Interest
7. Irrevocability and Binding Effect
8. Delivery, Filing, and Recording
9. Signature, Acknowledgment, and Notarization
10. Verification / Declaration
11. Certificate of Delivery / Service
12. Attachments Checklist

1. DISCLAIMANT INFORMATION

The undersigned (the "Disclaimant") is a person with an interest in or power over property that may be disclaimed under AS 13.70.030, namely a(n): ☐ heir ☐ devisee ☐ beneficiary under a will or trust ☐ surviving joint tenant or tenant by the entirety ☐ beneficiary under a beneficiary designation ☐ appointee, object, or taker in default under a power of appointment ☐ other: [____________________].

2. IDENTIFICATION OF THE TRANSFER AND INTEREST DISCLAIMED

Source of the interest (check all that apply):
☐ Last Will and Testament of the Decedent
☐ Intestate succession (AS 13.12.101 et seq.)
☐ Revocable, inter vivos, or testamentary trust
☐ Beneficiary designation (life insurance, annuity, retirement plan, POD/TOD account, or security registered in beneficiary form)
☐ Joint tenancy with right of survivorship / tenancy by the entirety
☐ Power of appointment
☐ Other: [________________________________]

Extent of the disclaimer:
☐ Full disclaimer — the Disclaimant disclaims the entire interest described above.
☐ Partial disclaimer — the Disclaimant disclaims only the following portion (which may be expressed as a fraction, percentage, monetary amount, term of years, or limitation of a power, per AS 13.70.030): [____________________].

Legal description of any real property disclaimed (or see attached Exhibit A): [________________________________]
Recording district where real property is located: [____________________]

3. STATUTORY AUTHORITY

This Disclaimer is made under the Alaska Uniform Disclaimer of Property Interests Act, AS 13.70.010 through 13.70.195, and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• AS 13.70.030(a) authorizes a person to disclaim, in whole or in part, any interest in or power over property, including a power of appointment, even if the creator imposed a spendthrift provision or similar restriction.
• AS 13.70.030(d) requires that, to be effective, a disclaimer be in a writing, declare that the writing is a disclaimer, describe the interest or power disclaimed, be signed by the person making it, and be delivered or filed in the manner provided in AS 13.70.100.
• AS 13.70.120 provides that a disclaimer treated under the Internal Revenue Code as never having transferred the interest is effective under the Act, and that a tax-qualified disclaimer is subject to the time limits under 26 U.S.C.

4. THE DISCLAIMER

The Disclaimant, intending to be legally bound, hereby IRREVOCABLY and UNQUALIFIEDLY DISCLAIMS and RENOUNCES all (or, where a partial disclaimer is elected in Section 2, the stated part of all) right, title, claim, and interest of every kind — whether vested or contingent, present or future, legal or equitable — in and to the property and interest described in Section 2 above. The Disclaimant declares that this writing is a disclaimer.

This Disclaimer is made freely, voluntarily, and with full knowledge of its legal and tax consequences.

5. QUALIFIED-DISCLAIMER REPRESENTATIONS

The Disclaimant represents and certifies that:

☐ This Disclaimer is in writing, declares that it is a disclaimer, describes the interest disclaimed, and is signed by the Disclaimant (or the Disclaimant's legal representative), as required by AS 13.70.030(d) and Treas. Reg. § 25.2518-2(b).

☐ This Disclaimer is being delivered or filed within nine (9) months after the later of (a) the date of the Decedent's death or the effective date of the transfer creating the interest, or (b) the date the Disclaimant attained age 21 (AS 13.70.120(b); 26 U.S.C. § 2518(b)(2)).

☐ The Disclaimant has NOT accepted the disclaimed interest or any of its benefits, and has not assigned, conveyed, encumbered, pledged, or transferred the interest, nor contracted to do so (AS 13.70.110; Treas. Reg. § 25.2518-2(d)).

☐ The disclaimed interest passes without any direction on the part of the Disclaimant (26 U.S.C. § 2518(b)(4); Treas. Reg. § 25.2518-2(e)).

☐ As a result of this Disclaimer, the interest passes to the person(s) entitled to take as if the Disclaimant had died immediately before the interest was created (or before the time for distribution), as provided by AS 13.70.040.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under AS 13.70.040, the disclaimer takes effect as of the time the instrument creating the interest became irrevocable or, for an intestate interest, as of the time of the intestate's death. The disclaimed interest passes according to any provision in the governing instrument for disclaimed interests; if the instrument contains no such provision, the disclaimed interest passes as if the Disclaimant had died immediately before the interest was created (or, where the interest is contingent on surviving to the time of distribution, as if the Disclaimant had died immediately before the time for distribution), subject to the representation rules of AS 13.70.040(a)(3).

For a disclaimer of a right of survivorship in jointly held property, AS 13.70.050 governs and the disclaimed interest passes as if the Disclaimant predeceased the holder to whom the interest passes.

The Disclaimant does not direct to whom the disclaimed interest passes; it passes solely by operation of the governing instrument and Alaska law.

7. IRREVOCABILITY AND BINDING EFFECT

Under AS 13.70.030(a), this Disclaimer is unconditional and not subject to modification or revocation. This Disclaimer becomes irrevocable when delivered or filed as provided in AS 13.70.100, or when it becomes effective under AS 13.70.040–13.70.090, whichever occurs later, and is binding upon the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to AS 13.70.100, the Disclaimant shall (check all that apply). Delivery may be by personal delivery, first-class mail, or any other method likely to result in receipt; a disclaimer sent by first-class mail is deemed delivered on the date postmarked:

☐ Deliver this Disclaimer to the personal representative of the Decedent's estate (interest created by will or intestate succession); or, if no personal representative is then serving, file it with a court having jurisdiction to appoint the personal representative (AS 13.70.100(b)).

☐ Deliver this Disclaimer to the trustee then serving (interest in a testamentary or inter vivos trust); or, if none is serving, as provided in AS 13.70.100(c)–(d).

☐ Deliver this Disclaimer to the person making the beneficiary designation (if disclaimed before the designation becomes irrevocable) or to the person obligated to distribute the interest (if disclaimed after the designation becomes irrevocable) (AS 13.70.100(e)–(f)).

☐ Deliver this Disclaimer to the person to whom the disclaimed interest passes (disclaimer of jointly held property or tenancy by the entirety) (AS 13.70.100(g)).

☐ Record this Disclaimer in the Office of the Recorder for the [____________] Recording District, where the real property is located, if real property or an interest in real property is disclaimed. Note: where the disclaimed real-property interest arises under a beneficiary designation that has become irrevocable, recording in the recorder's office is required under AS 13.70.100(f)(2); in other cases recording is permitted under AS 13.70.130 and creates a rebuttable presumption of delivery (AS 13.70.100(l)).

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

Executed this [____] day of [____________], 20[____].

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF ALASKA )
[____________] JUDICIAL DISTRICT )

Before me, the undersigned Notary Public in and for the State of Alaska, personally appeared [DISCLAIMANT FULL LEGAL NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, who acknowledged before me that he/she executed the same voluntarily for the purposes therein contained.

Given under my hand and official seal this [____] day of [____________], 20[____].

______________________________________
Notary Public in and for the State of Alaska
My commission expires: [__/__/____]

[NOTARY SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct, that I have not accepted the disclaimed interest or any benefit thereof, and that I make this Disclaimer of my own free will.

Signature: ______________________________________
Date: [__/__/____]

11. CERTIFICATE OF DELIVERY / SERVICE

I certify that on the date(s) shown below a true and correct copy of this Disclaimer was delivered (in person, by first-class mail, or by other method likely to result in receipt) to the following:

Signature: ______________________________________
Printed Name: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Copy of the Last Will and Testament, trust instrument, or beneficiary designation creating the disclaimed interest
☐ Exhibit A — legal description of any real property disclaimed
☐ Certified copy of the Decedent's Death Certificate
☐ Proof of delivery / mailing (postmark or receipts)
☐ Copy of the recorded Disclaimer (Recorder's Office), if real property is involved
☐ File-stamped copy from the court, if filed

SOURCES AND REFERENCES

• Alaska Uniform Disclaimer of Property Interests Act, AS 13.70.010–13.70.195 — https://law.justia.com/codes/alaska/title-13/chapter-70/
• 26 U.S.C. § 2518 (Disclaimers) — https://www.law.cornell.edu/uscode/text/26/2518
• Treas. Reg. § 25.2518-2 (Requirements for a qualified disclaimer) — https://www.law.cornell.edu/cfr/text/26/25.2518-2