Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Maine

TIMING — IRC § 2518 (9-MONTH DEADLINE): Maine's Uniform Disclaimer of Property Interests Act (18-C M.R.S. §§ 2-901 to 2-917) 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 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 or power over 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 ☐ 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 (18-C M.R.S. Article 2, Part 1)
☐ 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
☐ 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 Uniform Disclaimer of Property Interests Act, 18-C M.R.S. §§ 2-901 to 2-917 (Maine Probate Code, 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 governs the effect of the disclaimer, providing that the disclaimer 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.
• 18-C M.R.S. § 2-912 specifies how the disclaimer is to be delivered or filed depending on the source of the interest, and § 2-915 permits recording where the transferring instrument is filed, recorded, or registered.

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 18-C M.R.S. § 2-905(3) 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, has not voluntarily assigned, conveyed, encumbered, pledged, or transferred the interest or contracted to do so, and has not waived in writing the right to disclaim (18-C M.R.S. § 2-911; 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 18-C M.R.S. § 2-906.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under 18-C M.R.S. § 2-906, 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 (and, where applicable, to the Disclaimant's surviving descendants by representation). 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 Maine 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 18-C M.R.S. § 2-912 (18-C M.R.S. § 2-905(5)). The right to disclaim exists notwithstanding any spendthrift provision or similar restriction (18-C M.R.S. § 2-905(1)). A disclaimer made under this Part is not a transfer, assignment, or release (§ 2-905(6)). This Disclaimer is binding upon the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to 18-C M.R.S. § 2-912, the Disclaimant shall (check all that apply):

☐ 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.

☐ 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).

☐ Record this Disclaimer in the Registry of Deeds for [____________] County, Maine, where the real property is located, if real property or an interest in real property is disclaimed (18-C M.R.S. §§ 2-912(7)(B), 2-915). Delivery may be effected by personal delivery, first-class mail, or any other method likely to result in receipt (18-C M.R.S. § 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], declare under penalty of perjury under the laws of the State of Maine 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. §§ 2-901 to 2-917 — 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.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