Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Maine

Before you use this: For federal tax qualification, the signed writing must reach an authorized recipient within nine months after the later of the transfer creating the interest or the disclaimant's 21st birthday. Maine delivery or filing rules also apply. Identify both recipients and keep proof of receipt.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF MAINE

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 property under 18-C M.R.S. § 2-905, namely a(n): ☐ heir ☐ devisee ☐ legatee ☐ beneficiary of a testamentary or inter vivos trust ☐ beneficiary under a beneficiary designation (annuity, insurance, POD/TOD account, security in beneficiary form, or employment-related benefit plan) ☐ surviving holder of jointly held property ☐ 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
☐ Testamentary trust
☐ Inter vivos (revocable or irrevocable) trust
☐ Beneficiary designation (life insurance, retirement plan, annuity, POD/TOD account, or security registered in beneficiary form)
☐ Jointly held property with right of survivorship
☐ 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 $[____________]).

For federal qualified-disclaimer treatment, an undivided fraction must cover the same fraction of every substantial right for the full term. A disclaimed pecuniary amount and its income must be segregated, with no benefit to the disclaimant. (26 C.F.R. § 25.2518-3(b)–(c)).

For federal qualified treatment of a partial disclaimer, identify the portion precisely and confirm that it meets 26 U.S.C. § 2518(c)(1) and the applicable regulation.

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

3. STATUTORY AUTHORITY

This Disclaimer is made under Maine's Uniform Disclaimer of Property Interests Act, 18-C M.R.S. Article 2, Part 9, and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• 18-C M.R.S. § 2-905 authorizes a person to disclaim, in whole or in part, any interest in or power over property, including a power of appointment, notwithstanding any spendthrift or similar restriction; to be effective, the disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in § 2-912. A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate (§ 2-905(4)). (Scope of the Part is set by § 2-903.)
• 18-C M.R.S. § 2-906 generally makes the disclaimer effective when the creating instrument becomes irrevocable or, for intestacy, at death. The governing instrument controls who receives the disclaimed interest if it addresses disclaimers; otherwise, the statute supplies the result, including special descendant and estate cases.
• 18-C M.R.S. § 2-912 specifies delivery or filing by interest type. Section 2-915 permits recording when the transferring instrument may be recorded; § 2-912(7)(B) requires recording for a real-property interest created by a beneficiary designation after that designation becomes irrevocable.

4. THE DISCLAIMER

The Disclaimant 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, declares the disclaimer, describes the interest or power disclaimed, and is signed by the Disclaimant, as required by 18-C M.R.S. § 2-905(3) and Treas. Reg. § 25.2518-2(b).

☐ This signed Disclaimer is being received by a recipient authorized under 26 U.S.C. § 2518(b)(2) no later than nine (9) months after the later of (a) the transfer creating the interest or (b) the date the Disclaimant attained age 21. The transfer date and receipt date are recorded in Section 8.

☐ The Disclaimant has NOT accepted the disclaimed interest or any of its benefits, has not voluntarily assigned, conveyed, encumbered, pledged, or transferred it or contracted to do so, and has not waived in writing the right to disclaim (18-C M.R.S. § 2-913; 26 U.S.C. § 2518(b)(3)).

☐ The disclaimed interest passes without any direction by the Disclaimant to the decedent's spouse or to a person other than the Disclaimant (26 U.S.C. § 2518(b)(4)).

☐ For an interest governed by § 2-906, the disclaimed interest passes under the governing instrument's disclaimer provision or, if none applies, under the applicable rule in 18-C M.R.S. § 2-906(2)(C). A surviving joint holder's disclaimer is governed by § 2-907.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Except for interests governed by §§ 2-907 or 2-908, 18-C M.R.S. § 2-906 makes the Disclaimer effective as of the time the instrument creating the interest becomes irrevocable or, for intestacy, the intestate's death. A governing instrument's disclaimer provision controls disposition. If it has no such provision, § 2-906(2)(C) governs; the result depends on whether the Disclaimant is an individual and on its special rules for descendants and the Disclaimant's estate. A future interest held by another person follows § 2-906(2)(D); a future interest retained by the Disclaimant is not accelerated. A surviving joint holder's disclaimer follows § 2-907 instead.

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

7. IRREVOCABILITY AND BINDING EFFECT

The Disclaimant makes this refusal irrevocably and without qualification for purposes of 26 U.S.C. § 2518. Under Maine law, a disclaimer becomes irrevocable when delivered or filed under § 2-912 or when effective under the applicable statutory effect rule, whichever occurs later (§ 2-905(5)). A disclaimer may be made despite a spendthrift provision or similar restriction (§ 2-905(1)), and one made under this Part is not a transfer, assignment, or release (§ 2-905(6)).

8. DELIVERY, FILING, AND RECORDING

Transfer creating the interest: [__/__/____]

Last date for federal receipt under § 2518(b)(2): [__/__/____]

Recipient, capacity, and date of actual receipt for federal qualification: [NAME, CAPACITY, DATE]

Under 18-C M.R.S. § 2-912, select the delivery or filing method that matches the interest. Confirm that the federal recipient requirement in § 2518(b)(2) is also met:

☐ Deliver this Disclaimer to the personal representative or special administrator of the Decedent's estate (interest created by will or intestate succession), or, if none is then serving, file it with the court having jurisdiction to appoint the personal representative.

☐ Testamentary trust: Deliver to the serving trustee; if none serves, deliver to the decedent's personal representative; if neither serves, file with the court having jurisdiction to enforce the trust (§ 2-912(4)).

☐ Inter vivos trust, after the creating instrument becomes irrevocable: Deliver to the serving trustee; if none serves, file with the court having jurisdiction to enforce the trust (§ 2-912(5)(A)-(B)).

☐ Inter vivos trust, before the creating instrument becomes irrevocable: Deliver to the settlor of a revocable trust or the transferor of the interest (§ 2-912(5)(C)).

☐ Beneficiary designation before irrevocability: Deliver to the person making the designation (§ 2-912(6)).

☐ Beneficiary designation after irrevocability, personal property: Deliver to the person obligated to distribute (§ 2-912(7)(A)).

☐ Surviving joint holder: Deliver to the person to whom the disclaimed interest passes (§ 2-912(8)); § 2-907 governs the disclaimed share and its effect.

☐ Beneficiary designation after irrevocability, real property: Record in the registry of deeds for the county where the property is located (§ 2-912(7)(B)). County: [____________].

☐ Other recordable interest: Record where the transferring instrument is recorded, if appropriate under § 2-915. Maine delivery may be by personal delivery, first-class mail, or another method likely to result in receipt (§ 2-912(2)).

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

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

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

State of Maine, County 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 as his/her free act and deed.

______________________________________
Notary Public / Attorney-at-Law (Maine)
Printed Name: [________________________________]
My commission expires: [__/__/____]

[NOTARY SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], affirm 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 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 (Registry of Deeds), if real property is involved
☐ File-stamped copy from the Probate Court (if filed)

SOURCES AND REFERENCES

• Maine Uniform Disclaimer of Property Interests Act, 18-C M.R.S. Article 2, Part 9 — https://legislature.maine.gov/statutes/18-C/title18-Cch2sec0.html
• 18-C M.R.S. § 2-912 (Delivery or filing) — https://legislature.maine.gov/statutes/18-C/title18-Csec2-912.html
• 18-C M.R.S. § 2-915 (Recording of disclaimer) — https://legislature.maine.gov/statutes/18-C/title18-Csec2-915.html
• 26 U.S.C. § 2518 (Disclaimers) — https://www.govinfo.gov/link/uscode/26/2518
• 26 C.F.R. § 25.2518-2 (Requirements for a qualified disclaimer) — https://www.ecfr.gov/current/title-26/part-25/section-25.2518-2