Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Alabama

TIMING — IRC § 2518 (9-MONTH DEADLINE): To qualify as a federal "qualified disclaimer," this writing must be signed and delivered within nine (9) months after the date of 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. Under Ala. Code § 43-8-292(c), a disclaimer intended as a qualified disclaimer must specifically say so. Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF ALABAMA

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 to whom property or an interest in property has devolved within the meaning of Ala. Code § 43-8-291, namely a(n): ☐ heir ☐ next of kin ☐ devisee ☐ legatee ☐ grantee ☐ donee ☐ surviving joint tenant ☐ beneficiary under a testamentary or nontestamentary instrument or contract ☐ appointee 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 (Ala. Code § 43-8-40 et seq.)
☐ Revocable or testamentary trust
☐ Beneficiary designation (life insurance, retirement plan, annuity, POD/TOD account, or security registered in beneficiary form)
☐ Joint tenancy with right of survivorship
☐ 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 fractional, percentage, or pecuniary portion: [____________________] (e.g., an undivided ____% interest, or the sum of $[____________]).

Legal description of any real property disclaimed (or see attached Exhibit A): [________________________________]

3. STATUTORY AUTHORITY

This Disclaimer is made under the Alabama Uniform Disclaimer of Property Interests Act, Ala. Code §§ 43-8-290 through 43-8-298, and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• Ala. Code § 43-8-291 authorizes a person to whom property devolves to disclaim, in whole or in part, the right of succession to any property or interest by delivering or filing a written disclaimer, notwithstanding any spendthrift provision or similar restriction.
• Ala. Code § 43-8-293 requires that the disclaimer (1) be in writing; (2) describe the property or interest disclaimed; (3) declare the disclaimer and its extent; and (4) be signed by the Disclaimant.
• Ala. Code § 43-8-292(c) provides that a disclaimer intended as a qualified disclaimer must specifically so state and be delivered within nine months as described therein.

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 fractional, percentage, or pecuniary 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.

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 and signed by the Disclaimant (or the Disclaimant's legal representative), as required by Ala. Code § 43-8-293 and Treas. Reg. § 25.2518-2(b).

☐ This Disclaimer is being delivered and 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 (Ala. Code § 43-8-292; 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, transferred, or contracted to transfer the interest (Ala. Code § 43-8-295; 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 predeceased the Decedent (or the donee of the power), as provided by Ala. Code § 43-8-294.

☐ This Disclaimer specifically states that it is intended as a qualified disclaimer under 26 U.S.C. § 2518, as required by Ala. Code § 43-8-292(c).

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under Ala. Code § 43-8-294, because the Decedent or donee of the power has not provided for another disposition, the disclaimed property or interest devolves as if the Disclaimant had predeceased the Decedent (or, for an interest taken under a power of appointment exercised by a testamentary instrument, as if the Disclaimant had predeceased the donee of the power). Any future interest takes effect as if the Disclaimant had died before the determinative event. The Disclaimer relates back for all purposes to the date of the Decedent's death, the date of the donee's death, or the determinative event, as applicable.

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

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer is irrevocable and may not be modified, withdrawn, or rescinded once delivered or filed. Under Ala. Code § 43-8-294(c), this Disclaimer is binding upon the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to Ala. Code § 43-8-292, the Disclaimant shall (check all that apply):

☐ File this Disclaimer with the Probate Court of [____________] County, Alabama, in which proceedings for the administration of the Decedent's estate have been or may be commenced (for property passing under a testamentary instrument or by intestacy).

☐ Deliver a copy of this Disclaimer, in person or by registered or certified mail, to the personal representative or other fiduciary of the Decedent or donee of the power.

☐ Deliver this Disclaimer, in person or by registered or certified mail, to the trustee or other person having legal title to or possession of the interest disclaimed (for property passing under a nontestamentary instrument or contract).

☐ Record a copy of this Disclaimer in the Office of the Judge of Probate of [____________] County, Alabama, where the real property is located, if real property or an interest in real property is disclaimed (Ala. Code § 43-8-292(d)).

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

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

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF ALABAMA )
COUNTY OF [____________] )

Before me, the undersigned Notary Public in and for said county and state, 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 on the day the same bears date.

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

______________________________________
Notary Public
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 Alabama 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, or by registered or certified mail, return receipt requested) 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 (registered or certified mail receipts)
☐ Copy of the recorded Disclaimer (Judge of Probate), if real property is involved
☐ File-stamped copy from the Probate Court (estate proceeding)

SOURCES AND REFERENCES

• Alabama Uniform Disclaimer of Property Interests Act, Ala. Code §§ 43-8-290 to 43-8-298 — https://law.justia.com/codes/alabama/title-43/chapter-8/article-11/
• 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