Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Mississippi

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. The current Mississippi act (Miss. Code Ann. § 89-22-1 et seq.) does not impose a state-law 9-month deadline — a disclaimer is barred only by acceptance or other events under Miss. Code Ann. § 89-22-27 — but the federal 9-month limit governs qualified-disclaimer treatment (Miss. Code Ann. § 89-22-29). Verify the deadline with counsel before signing.

Treas. Reg. § 25.2518-2(c)(2) treats a qualifying timely mailing as timely delivery and treats delivery on the first succeeding day that is not a Saturday, Sunday, or legal holiday as timely when the last day otherwise falls on one of those days. Transfer-specific rules can also determine which event starts the nine-month period, so counsel must calculate the exact federal and state deadline for the interest involved.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF MISSISSIPPI

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 Miss. Code Ann. § 89-22-9, namely a(n): ☐ heir ☐ devisee ☐ legatee ☐ grantee ☐ donee ☐ surviving joint tenant ☐ designated beneficiary under a governing instrument or contract ☐ appointee, 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 (Miss. Code Ann. § 91-1-1 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 / tenancy by the entirety
☐ 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 Miss. Code Ann. § 89-22-9(e) may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property: [____________________] (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 Mississippi Uniform Disclaimer of Property Interests Act (2002/2010), Miss. Code Ann. §§ 89-22-1 through 89-22-37 (effective July 1, 2020, replacing the repealed Act formerly codified at Miss. Code Ann. § 89-21-1 et seq.), and is intended to constitute a tax-qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• Miss. Code Ann. § 89-22-9(a) 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 other restriction on transfer or on the right to disclaim.
• Miss. Code Ann. § 89-22-9(d) requires that the disclaimer (1) be in writing; (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 Miss. Code Ann. § 89-22-25.
• Miss. Code Ann. § 89-22-29 provides that a disclaimer is effective as a tax-qualified disclaimer if it satisfies the conditions of 26 U.S.C. § 2518, including the requirement that it generally be made within nine (9) months from the day the disclaimed interest was created.

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 portion of all) right, title, claim, interest, and power 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, as required by Miss. Code Ann. § 89-22-9(d) 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 effective date of the transfer creating the interest, or (b) the date the Disclaimant attained age 21 (26 U.S.C. § 2518(b)(2); Miss. Code Ann. § 89-22-29).

☐ The Disclaimant has NOT accepted the disclaimed interest or any of its benefits, and is not subject to any other bar under Miss. Code Ann. § 89-22-27 (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 provided in the governing instrument or, if none, as if the Disclaimant had died immediately before the time of distribution, as provided by Miss. Code Ann. § 89-22-11.

☐ This Disclaimer is intended as a tax-qualified disclaimer under Miss. Code Ann. § 89-22-29 and 26 U.S.C. § 2518.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under Miss. Code Ann. § 89-22-11, the disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable (or, for an intestate interest, as of the Decedent's death). The disclaimed interest passes according to any provision in the governing instrument for disposition on disclaimer; if the instrument contains no such provision and the Disclaimant is an individual, the interest passes as if the Disclaimant had died immediately before the time of distribution (or, for an entity, as if the Disclaimant did not exist). A future interest held by a person other than the Disclaimant takes effect as if the Disclaimant had died or ceased to exist 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 Mississippi law.

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer is irrevocable and may not be modified, withdrawn, or rescinded. Under Miss. Code Ann. § 89-22-9, a disclaimer becomes irrevocable when it is delivered or filed or when it becomes effective, whichever occurs later. This Disclaimer binds the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to Miss. Code Ann. §§ 89-22-25 and 89-22-31, the Disclaimant shall (check all that apply):

☐ Deliver this Disclaimer to the personal representative (executor or administrator) of the Decedent's estate, if one is serving — by personal delivery, first-class mail, facsimile, e-mail, or any other method likely to result in the disclaimer's receipt (Miss. Code Ann. § 89-22-25(b), (c)(1)). Under the current Act it need not also be filed or recorded in the estate proceeding.

☐ File this Disclaimer with the Chancery Court of [____________] County, Mississippi, that has jurisdiction to appoint the personal representative, if no personal representative of the estate is then serving (Miss. Code Ann. § 89-22-25(c)(2)).

☐ Deliver this Disclaimer 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), by a method likely to result in its receipt.

☐ Record this Disclaimer in the Office of the Chancery Clerk of [____________] County, Mississippi, where the real property is located, if real property or an interest in real property is disclaimed. To provide constructive notice, the recorded disclaimer must contain a legal description of the real property (Miss. Code Ann. § 89-22-31).

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

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

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF MISSISSIPPI )
COUNTY OF [____________] )

Personally appeared before me, the undersigned authority in and for the said county and state, on this [____] day of [____________], 20[____], within my jurisdiction, the within named [DISCLAIMANT FULL LEGAL NAME], who acknowledged that he/she executed the above and foregoing instrument.

______________________________________
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 Mississippi 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 (by personal delivery, first-class mail, facsimile, e-mail, or another method likely to result in receipt) 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 (mail receipts, transmission confirmation, or affidavit of delivery)
☐ Copy of the recorded Disclaimer (Chancery Clerk), if real property is involved
☐ File-stamped copy from the Chancery Court (if filed because no PR is serving)

SOURCES AND REFERENCES

• Mississippi Uniform Disclaimer of Property Interests Act (2002/2010), Miss. Code Ann. §§ 89-22-1 to 89-22-37 — https://law.justia.com/codes/mississippi/title-89/chapter-22/
• Miss. Code Ann. § 89-22-29 (Tax-qualified disclaimer) — https://law.justia.com/codes/mississippi/title-89/chapter-22/section-89-22-29/
• Miss. Code Ann. § 89-22-31 (Recording of disclaimer) — https://law.justia.com/codes/mississippi/title-89/chapter-22/section-89-22-31/
• 26 U.S.C. § 2518 (Disclaimers) — https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section2518&num=0&edition=prelim
• Treas. Reg. § 25.2518-2 (Requirements for a qualified disclaimer) — https://www.ecfr.gov/current/title-26/section-25.2518-2