Disclaimer and Renunciation of Interest (Qualified Disclaimer) — South Carolina

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. South Carolina (S.C. Code Ann. § 62-2-801(c)(2)) requires a disclaimer within a "reasonable time" and conclusively presumes it timely if made within nine (9) months after the transfer becomes effective. Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF SOUTH CAROLINA

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 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 to whom a disclaimed interest or power would have passed within the meaning of S.C. Code Ann. § 62-2-801, namely a(n): ☐ heir / person taking by intestacy ☐ devisee ☐ beneficiary of a testamentary or inter vivos trust ☐ beneficiary under a beneficiary designation (life insurance, annuity, retirement plan, POD/TOD, or security in beneficiary form) ☐ surviving holder of jointly held property ☐ donee / appointee under a power of appointment ☐ person entitled to take by survivorship provision ☐ 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 (S.C. Code Ann. § 62-2-101 et seq.)
☐ Revocable, testamentary, or inter vivos trust
☐ Beneficiary designation (life insurance, retirement plan, annuity, POD/TOD account, or security registered in beneficiary form)
☐ Joint tenancy / survivorship provision
☐ Power of appointment
☐ Elective share, forced share, homestead allowance, or exempt property
☐ Other: [________________________________]

Extent of the disclaimer:
☐ Full disclaimer — the Disclaimant disclaims the entire interest or power described above.
☐ Partial disclaimer — the Disclaimant disclaims only the following fractional, percentage, or pecuniary portion (a person may disclaim in whole or in part under § 62-2-801(c)(1)): [____________________] (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 S.C. Code Ann. § 62-2-801 (South Carolina Probate Code) and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2. South Carolina expressly recognizes that, unless barred, a disclaimer treated as a qualified disclaimer under IRC § 2518 is effective as a disclaimer under § 62-2-801(c)(10).

• S.C. Code Ann. § 62-2-801(c)(1) authorizes a person to disclaim, in whole or in part, any interest in or power over property, including a power of appointment.
• S.C. Code Ann. § 62-2-801(c)(3) requires that, to be effective, a disclaimer must (i) be in writing; (ii) declare the writing as a disclaimer; (iii) describe the interest or power disclaimed; and (iv) be delivered to the proper person (see Section 8).
• S.C. Code Ann. § 62-2-801(c)(2) provides that a disclaimer is conclusively presumed timely if made within nine months after the transfer becomes effective; under § 62-2-801(c)(4), a timely disclaimer is not a transfer, assignment, or release.
• S.C. Code Ann. § 12-16-1910 recognizes, for South Carolina transfer-tax purposes, a disclaimer made in a manner that meets the federal qualified-disclaimer rules.

4. THE DISCLAIMER

The Disclaimant, intending to be legally bound, hereby IRREVOCABLY DISCLAIMS, RENOUNCES, DECLINES, and REFUSES all (or, where a partial disclaimer is elected in Section 2, the stated fractional, percentage, or pecuniary part 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, interest, or power described in Section 2 above. This writing is a disclaimer within the meaning of S.C. Code Ann. § 62-2-801(b)(1).

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 writing as a disclaimer, describes the interest or power disclaimed, and is delivered as required by S.C. Code Ann. § 62-2-801(c)(3) and Treas. Reg. § 25.2518-2(b).

☐ This Disclaimer is being delivered within nine (9) months after the later of (a) the date the transfer creating the interest became effective (the Decedent's death), or (b) the date the Disclaimant attained age 21, so that it is conclusively presumed timely under § 62-2-801(c)(2) and qualifies under 26 U.S.C. § 2518(b)(2).

☐ The Disclaimant has NOT accepted the disclaimed interest or any of its benefits, has not waived in writing the right to disclaim, and has not assigned, conveyed, encumbered, pledged, transferred, directed, or contracted to do so — none of the bars in § 62-2-801(c)(5) applies (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 disclaimed interest is considered never to have been transferred to the Disclaimant, and passes as provided by § 62-2-801(d) (and, for an intestate beneficiary, by § 62-2-106).

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under S.C. Code Ann. § 62-2-801(d)(1), when a disclaimer is made with respect to a transferor's transfer to the Disclaimant of an interest in (or power with respect to) property, that interest or power is considered never to have been transferred to the Disclaimant. The disclaimed interest passes according to the governing instrument or, in the absence of a contrary provision, as if the Disclaimant had failed to survive the Decedent (or, for an intestate estate, as provided by § 62-2-106).

The Disclaimant does not direct to whom the disclaimed interest passes; it passes solely by operation of the governing instrument and South Carolina law. A disclaimer is not barred by a spendthrift provision or similar restriction (§ 62-2-801(c)(6)), nor by the Disclaimant's financial condition or insolvency, and a complying disclaimer is not a fraudulent transfer (§ 62-2-801(c)(7)).

7. IRREVOCABILITY AND BINDING EFFECT

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

8. DELIVERY AND RECORDING

Pursuant to S.C. Code Ann. § 62-2-801(c)(3)(iv), delivery of this Disclaimer may be made by personal delivery, first-class mail, or any other method that results in its receipt; a disclaimer sent by first-class mail is deemed delivered on the date it is postmarked. The Disclaimant shall (check all that apply):

☐ Deliver this Disclaimer to the transferor of the interest or the transferor's fiduciary (e.g., the personal representative or trustee).

☐ Deliver this Disclaimer to the holder of the legal title to, or the person in possession of, the property to which the interest relates.

☐ File / deliver this Disclaimer to the Probate Court of [____________] County, South Carolina — a court that would have jurisdiction over the interest or subject matter — and file a copy in the estate proceeding.

☐ Record a copy of this Disclaimer in the Office of the Register of Deeds (or Clerk of Court / RMC) of [____________] County, South Carolina, where any disclaimed real property is located, to provide notice to subsequent purchasers and lienholders.

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

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

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF SOUTH CAROLINA )
COUNTY OF [____________] )

I, the undersigned Notary Public, do hereby certify that [DISCLAIMANT FULL LEGAL NAME] personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal this [____] day of [____________], 20[____].

______________________________________
Notary Public — State of South Carolina
My commission expires: [__/__/____]

[NOTARY SEAL]

Witness 1: ______________________________________ Printed Name: [____________________]

Witness 2: ______________________________________ Printed Name: [____________________]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of South Carolina that the foregoing is true and correct, that I have not accepted the disclaimed interest or any benefit thereof, that none of the bars in S.C. Code Ann. § 62-2-801(c)(5) applies, 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 another method resulting 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 (first-class or certified mail receipts; postmark evidence)
☐ Copy of the recorded Disclaimer (Register of Deeds / RMC), if real property is involved
☐ File-stamped copy from the Probate Court (estate proceeding), if filed

SOURCES AND REFERENCES

• S.C. Code Ann. § 62-2-801 (Disclaimer) — https://www.scstatehouse.gov/code/t62c002.php
• S.C. Code Ann. § 62-2-801 (Justia) — https://law.justia.com/codes/south-carolina/title-62/article-2/section-62-2-801/
• S.C. Code Ann. § 12-16-1910 (Effect of disclaimer — transfer tax) — https://www.scstatehouse.gov/code/t12c016.php
• 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