Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Maryland

TIMING — IRC § 2518 (9-MONTH DEADLINE): Maryland's Uniform Disclaimer of Property Interests Act (Est. & Trusts §§ 9-201 to 9-219) decouples state disclaimer law from any fixed time limit. However, to qualify as a federal "qualified disclaimer" under 26 U.S.C. § 2518, 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. Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF MARYLAND

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 who may disclaim an interest in or power over property under Md. Code, Est. & Trusts § 9-202, namely a(n): ☐ heir ☐ devisee ☐ legatee ☐ beneficiary of a testamentary or inter vivos trust ☐ beneficiary under a beneficiary designation (annuity, insurance, POD account, security in beneficiary form, or employment-related benefit plan) ☐ surviving holder of jointly held property ☐ holder or object of a power of appointment ☐ fiduciary ☐ 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 (Md. Code, Est. & Trusts Title 3)
☐ Testamentary trust
☐ Inter vivos (revocable or irrevocable) trust
☐ Beneficiary designation (life insurance, retirement plan, annuity, POD account, or security registered in beneficiary form)
☐ Jointly held property 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 portion (which, under Est. & Trusts § 9-202(d), may be expressed as a fraction, percentage, monetary amount, term of years, or limitation of a power): [____________________].

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

3. STATUTORY AUTHORITY

This Disclaimer is made under the Maryland Uniform Disclaimer of Property Interests Act, Md. Code, Est. & Trusts §§ 9-201 to 9-219, and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• Est. & Trusts § 9-202 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. To be effective, a disclaimer must (1) be in writing or other record; (2) declare the disclaimer; (3) describe the interest or power disclaimed; (4) be signed by the person making the disclaimer; and (5) be delivered or filed in the manner provided in § 9-209.
• Est. & Trusts § 9-203 governs the effect of a disclaimer, providing that it takes effect as of the time the instrument creating the interest becomes irrevocable (or, for an intestate interest, at the intestate's death), and that the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.
• Est. & Trusts § 9-202(f) provides that a disclaimer is not a transfer, assignment, or release, and that creditors of the disclaimant have no interest in the property disclaimed.

4. THE DISCLAIMER

The Disclaimant, intending to be legally bound, hereby IRREVOCABLY 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, and any power over that property.

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 the disclaimer, describes the interest or power disclaimed, and is signed by the Disclaimant, as required by Md. Code, Est. & Trusts § 9-202(c) 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 date the instrument creating the interest became irrevocable, or (b) the date the Disclaimant attained age 21 (26 U.S.C. § 2518(b)(2)).

☐ The Disclaimant has NOT accepted the disclaimed interest or any of its benefits, and the interest has not passed beyond the Disclaimant's power to disclaim it (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 died immediately before the time of distribution, as provided by Md. Code, Est. & Trusts § 9-203.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under Md. Code, Est. & Trusts § 9-203, the Disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, for an interest arising under intestate succession, as of the time of the intestate's death. The disclaimed interest passes according to any provision in the governing instrument for the disposition of disclaimed interests; in the absence of such a provision, the disclaimed interest passes as if the Disclaimant had died immediately before the time of distribution (or, where the Disclaimant's descendants would share by representation, only to the descendants who survive the time of distribution). A future interest held by a person other than the Disclaimant takes effect as if the Disclaimant had died immediately before the time of distribution.

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

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer is irrevocable and may not be modified, withdrawn, or rescinded once delivered or filed in accordance with Md. Code, Est. & Trusts § 9-209 (Est. & Trusts § 9-202(e)). The right to disclaim exists notwithstanding any spendthrift provision or similar restriction (§ 9-202(a)(2)). This Disclaimer is binding upon the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to Md. Code, Est. & Trusts § 9-209, the Disclaimant shall (check all that apply):

☐ 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 the Register of Wills / Orphans' Court having jurisdiction to appoint the personal representative.

☐ Deliver this Disclaimer to the trustee then serving (interest in a testamentary or inter vivos trust), or, if no trustee or personal representative is serving, file it with the court having jurisdiction to enforce the trust.

☐ 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).

☐ Deliver this Disclaimer to the person to whom the disclaimed interest passes (disclaimer by a surviving holder of jointly held property).

☐ File, record, or register this Disclaimer in the land records (Clerk of the Circuit Court) of [____________] County / Baltimore City, Maryland, where the real property is located, if real property or an interest in real property is disclaimed (Md. Code, Est. & Trusts § 9-212). Failure to file, record, or register does not affect the validity of the disclaimer (§ 9-212(b)).

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

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

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF MARYLAND )
COUNTY/CITY OF [____________] )

On this [____] day of [____________], 20[____], before me, the undersigned Notary Public, personally appeared [DISCLAIMANT FULL LEGAL NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.

______________________________________
Notary Public
Printed Name: [________________________________]
My commission expires: [__/__/____]

[NOTARY SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], solemnly affirm under the penalties of perjury under the laws of the State of Maryland that the contents of the foregoing instrument are 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 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 (certified mail receipts)
☐ Copy of the recorded Disclaimer (land records), if real property is involved
☐ File-stamped copy from the Register of Wills / Orphans' Court (if filed)

SOURCES AND REFERENCES

• Maryland Uniform Disclaimer of Property Interests Act, Md. Code, Est. & Trusts §§ 9-201 to 9-219 — https://law.justia.com/codes/maryland/estates-and-trusts/title-9/subtitle-2/
• Est. & Trusts § 9-202 (Power to disclaim; general requirements) — https://law.justia.com/codes/maryland/estates-and-trusts/title-9/subtitle-2/section-9-202/
• Est. & Trusts § 9-203 (Effect of disclaimer) — https://law.justia.com/codes/maryland/estates-and-trusts/title-9/subtitle-2/section-9-203/
• 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