Disclaimer and Renunciation of Interest (Qualified Disclaimer) — New Jersey

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. New Jersey law (N.J.S.A. 3B:9-4.2) likewise generally requires the disclaimer to be filed within nine months (present interests) — though a New Jersey court may extend the state filing period for reasonable cause, the federal IRC § 2518 deadline cannot be extended. Verify both deadlines with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF NEW JERSEY

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 under N.J.S.A. 3B:9-2 or N.J.S.A. 46:2E-4, namely a(n): ☐ heir ☐ devisee or beneficiary under a will or testamentary trust ☐ appointee under a power exercised by will or testamentary trust ☐ person succeeding to a disclaimed interest ☐ grantee or donee ☐ surviving joint tenant or surviving tenant by the entirety ☐ surviving party to a P.O.D. or trust deposit account ☐ beneficiary under a nontestamentary instrument or contract ☐ appointee under a power exercised by a nontestamentary instrument ☐ beneficiary under an insurance policy, annuity, or qualified plan/IRA ☐ other: [____________________].

2. IDENTIFICATION OF THE TRANSFER AND INTEREST DISCLAIMED

Source of the interest (check all that apply):
☐ Last Will and Testament of the Decedent (governed by N.J.S.A. 3B:9-1 et seq.)
☐ Intestate succession (N.J.S.A. 3B:5-1 et seq.) (governed by N.J.S.A. 3B:9-1 et seq.)
☐ Testamentary trust (governed by N.J.S.A. 3B:9-1 et seq.)
☐ Nontestamentary instrument / inter vivos trust / beneficiary designation (governed by N.J.S.A. 46:2E-1 et seq.)
☐ Beneficiary designation (life insurance, retirement plan/IRA, annuity, POD/TOD account)
☐ Joint tenancy / tenancy by the entirety 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 pecuniary or fractional share, expressed as a percentage or dollar amount, specific property, or limited interest or estate (N.J.S.A. 3B:9-2(d)): [____________________] (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 N.J.S.A. 3B:9-1 et seq. (for testamentary transfers and intestacy) and/or N.J.S.A. 46:2E-1 et seq. (for nontestamentary transfers) and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• N.J.S.A. 3B:9-2 authorizes an heir, devisee, beneficiary, or appointee — including a person succeeding to a disclaimed interest — to disclaim, in whole or in part, any property or interest (including a future interest) by delivering and filing a disclaimer; a disclaimer may be of a pecuniary or fractional share, specific property, or a limited interest or estate.
• N.J.S.A. 3B:9-3 requires that a disclaimer (a) be in writing, signed and acknowledged by the person disclaiming; (1) describe the property, interest, power, or discretion disclaimed; (2) if real property, identify the municipality and county where it is situated; and (3) declare the disclaimer and its extent.
• N.J.S.A. 3B:9-4.2 prescribes the time within which a disclaimer must be made (generally nine months; subject to court extension for reasonable cause).
• N.J.S.A. 3B:9-6 prescribes the persons to whom the disclaimer must be delivered and the office in which it must be filed.
• N.J.S.A. 3B:9-7 governs the recording of a disclaimer where real property or an interest therein is 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 pecuniary or fractional share, specific property, or limited interest 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 and signed and acknowledged by the Disclaimant (or the Disclaimant's legal representative), as required by N.J.S.A. 3B:9-3 and Treas. Reg. § 25.2518-2(b).

☐ This Disclaimer is being delivered and 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 (N.J.S.A. 3B:9-4.2; 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 (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) and the disclaimer relates back to the date of the transfer (N.J.S.A. 3B:9-8 / 3B:9-9).

☐ This Disclaimer is intended as a qualified disclaimer under 26 U.S.C. § 2518.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under New Jersey law (N.J.S.A. 3B:9-8 and 3B:9-9), unless the governing instrument provides otherwise, the disclaimed property or interest passes as if the Disclaimant had predeceased the Decedent (or the donee of a power), or, in the case of a future interest, as if the Disclaimant had predeceased the event that finally ascertains the taker and indefeasibly vests the interest. The disclaimer relates back for all purposes to the date of the Decedent's death or other determinative event, and the Disclaimant is treated as never having had the disclaimed interest.

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

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer is irrevocable and may not be modified, withdrawn, or rescinded once delivered and filed. It is binding upon the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to N.J.S.A. 3B:9-6 (testamentary) and N.J.S.A. 46:2E-1 et seq. (nontestamentary), the Disclaimant shall (check all that apply):

☐ File this Disclaimer in the office of the Surrogate or Clerk of the Superior Court of [____________] County, New Jersey, in which proceedings for the administration of the Decedent's estate (or the estate of the deceased donee of the power) have been or will be commenced (for testamentary/intestate interests, N.J.S.A. 3B:9-6(a)).

☐ Deliver a copy of this Disclaimer to any personal representative or other fiduciary of the Decedent, the donee of the power, or the holder of legal title to which the interest relates (N.J.S.A. 3B:9-6(a)).

☐ Deliver this Disclaimer to the fiduciary, payor, or other person having legal title to or possession of the property or interest disclaimed (for interests not passing under a will or testamentary trust, N.J.S.A. 3B:9-6(b)).

Delivery may be effected (1) in person; (2) by registered or certified mail; or (3) by another means reasonably likely to accomplish delivery (N.J.S.A. 3B:9-6(e)).

☐ Record this Disclaimer where real property or an interest therein is disclaimed (N.J.S.A. 3B:9-7): for a testamentary instrument, the Surrogate or Clerk shall forward a copy for filing in the office of the County Clerk or Register of Deeds and Mortgages of [____________] County, New Jersey; for a nontestamentary instrument, the original shall be filed in that office.

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

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

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF NEW JERSEY )
COUNTY OF [____________] )

Be it remembered that on this [____] day of [____________], 20[____], before me, the subscriber, personally appeared [DISCLAIMANT FULL LEGAL NAME], who, I am satisfied, is the person named in and who executed the foregoing instrument, and thereupon acknowledged that he/she signed, sealed, and delivered the same as his/her voluntary act and deed.

______________________________________
Notary Public / Attorney at Law of New Jersey
My commission expires: [__/__/____]

[NOTARY SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. I further certify 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 registered or certified mail, return receipt requested, or by another means reasonably likely to accomplish delivery) 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 (with municipality and county identified)
☐ Certified copy of the Decedent's Death Certificate
☐ Proof of delivery / mailing (registered or certified mail receipts)
☐ Copy of the recorded Disclaimer (County Clerk / Register of Deeds and Mortgages), if real property is involved
☐ File-stamped copy from the Surrogate / Clerk of the Superior Court

SOURCES AND REFERENCES

• N.J.S.A. 3B:9-1 et seq. (Disclaimer of testamentary and intestate transfers) — https://law.justia.com/codes/new-jersey/title-3b/
• N.J.S.A. 3B:9-6 (Delivering and filing disclaimer) — https://law.justia.com/codes/new-jersey/title-3b/section-3b-9-6/
• N.J.S.A. 3B:9-7 (Recording of disclaimer) — https://law.justia.com/codes/new-jersey/title-3b/section-3b-9-7/
• N.J.S.A. 46:2E-1 et seq. (Disclaimer of nontestamentary transfers)
• 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