Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Kentucky

TIMING — IRC § 2518 (9-MONTH DEADLINE): To qualify as a federal "qualified disclaimer," this writing must be signed and filed/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. KRS 394.620(1) independently requires a disclaimer of a present interest to be filed within nine (9) months after the death of the decedent or the donee of the power. Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

COMMONWEALTH OF KENTUCKY

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. Filing, Delivery, 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 living person, or the legal representative of a living person, who is entitled to disclaim the right of succession under KRS 394.610, namely a(n): ☐ heir ☐ next of kin ☐ devisee ☐ legatee ☐ joint tenant ☐ person succeeding to a disclaimed interest ☐ beneficiary under a testamentary instrument ☐ appointee under a power of appointment exercised by a testamentary instrument ☐ 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 (KRS Chapter 391)
☐ 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 exercised by a testamentary instrument
☐ 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 KRS 394.610 to 394.670 (Kentucky's enactment of the Uniform Disclaimer of Property Interests Act) and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• KRS 394.610 authorizes a living person (or the legal representative of a living person) who is an heir, next of kin, devisee, legatee, joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary instrument, or appointee under a power of appointment exercised by a testamentary instrument to disclaim, in whole or in part, the right of succession to any property or interest, including a future interest. The instrument must (a) describe the property or interest disclaimed; (b) declare the disclaimer and the extent thereof; and (c) be signed by the disclaimant.
• KRS 394.620 requires a disclaimer of a present interest to be filed not later than nine (9) months after the death of the decedent or donee of the power; a disclaimer of a future interest to be filed not later than nine (9) months after the interest becomes finally ascertained and indefeasibly vested; specifies the place of filing and delivery; and permits recording where real property is disclaimed.
• KRS 394.640 provides that the right to disclaim exists notwithstanding a spendthrift or similar restriction, and that the disclaimer is binding on the disclaimant and all persons claiming through or under the disclaimant.

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, describes the property or interest disclaimed, declares the disclaimer and its extent, and is signed by the Disclaimant, as required by KRS 394.610(2) and Treas. Reg. § 25.2518-2(b).

☐ This Disclaimer is being filed and delivered 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 (KRS 394.620; 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, and has not executed any written waiver of the right to disclaim (KRS 394.640; 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 as if the Disclaimant had predeceased the Decedent (or the donee of the power), as provided by KRS 394.630.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under KRS 394.630, unless the Decedent or donee of the power has otherwise provided, 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). A future interest that takes effect after the termination of the disclaimed interest takes effect as if the Disclaimant had predeceased the Decedent or donee of the power. The Disclaimer relates back for all purposes to the date of the death of the Decedent or the donee of the power.

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

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer is irrevocable and may not be modified, withdrawn, or rescinded once filed or delivered. Under KRS 394.640(3), this Disclaimer is binding upon the Disclaimant and all persons claiming through or under the Disclaimant. The right to disclaim exists notwithstanding any spendthrift provision or similar restriction (KRS 394.640(2)).

8. FILING, DELIVERY, AND RECORDING

Pursuant to KRS 394.620, the Disclaimant shall (check all that apply):

☐ File this Disclaimer with the District Court of [____________] County, Kentucky, in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been or could be commenced.

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

☐ Record a copy of this Disclaimer in the Office of the County Clerk of [____________] County, Kentucky, in which the real estate is situated, if real property or an interest in real property is disclaimed (KRS 394.620(3)).

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

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

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

COMMONWEALTH OF KENTUCKY )
COUNTY OF [____________] )

Before me, the undersigned Notary Public in and for said county and Commonwealth, 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 ID No.: [________________]

[NOTARY SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], declare under penalty of perjury under the laws of the Commonwealth of Kentucky 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 (County Clerk), if real property is involved
☐ File-stamped copy from the District Court (estate proceeding)
☐ Court order authorizing disclaimer by legal representative (if applicable, KRS 394.610(3))

SOURCES AND REFERENCES

• Kentucky Disclaimer of Succession, KRS 394.610 to 394.670 — https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37920
• KRS 394.610 (Right to disclaim succession) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36299
• 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