Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Vermont
DISCLAIMER AND RENUNCIATION OF INTEREST — VERMONT
Current-law transition. Vermont Act 123 (S.179) added 14 V.S.A. chapter 129 and repealed former chapter 83. It took effect on passage, and the Governor signed it June 8, 2026. Former §§ 1951–1959 and their state nine-month filing map are no longer the operative chapter. For an interest that existed at the transition, check § 4116 and any already-expired deadline under superseded law. The federal qualified-disclaimer test under 26 U.S.C. § 2518 is separate.
1. Interest and disclaimer choice
| Item | Information |
|---|---|
| Disclaimant name and address | [NAME / ADDRESS] |
| Decedent, transferor, or trust | [NAME / DOCUMENT] |
| Estate or trust case, if any | [COURT / CASE NUMBER] |
| Instrument creating interest and date | [DOCUMENT / DATE / CLAUSE] |
| Specific property, interest, or power | [DESCRIPTION / IDENTIFIERS] |
| ☐ Whole or ☐ partial disclaimer | [FRACTION / PERCENTAGE / AMOUNT / TERM / POWER LIMIT] |
| Real-property legal description, if any | [DESCRIPTION / ATTACHMENT] |
Section 4105 permits a whole or partial disclaimer of an interest or power. The record must declare and describe the disclaimer, be signed, and use the delivery or filing route in § 4112. Section 4106 first looks to the creating instrument for what happens to a disclaimed interest; identify the actual successor without instructing that the property pass to a chosen person.
2. State route and federal receipt
Vermont's new chapter 129 does not impose the old chapter 83's general nine-month deadline. Section 4113 still bars or limits a disclaimer after specified conduct, including written waiver, acceptance, assignment, encumbrance, or judicial sale. Other law may impose limits. Confirm the specific interest and prior conduct before using this form.
For federal treatment, 26 U.S.C. § 2518 requires the written refusal to be received by the transferor, legal representative, or legal-title holder within nine months after the later of the transfer creating the interest or the disclaimant's 21st birthday. The disclaimant must not have accepted the interest or its benefits, and the property must pass without the disclaimant's direction to the decedent's spouse or someone other than the disclaimant.
| Federal question | Facts and proof |
|---|---|
| Transfer date; 21st birthday if relevant | [DATES / BASIS] |
| Later date and nine-month receipt deadline | [DATE / CALCULATION] |
| Statutory recipient and actual receipt | [NAME / CAPACITY / DATE / PROOF] |
| No acceptance or other disqualifying conduct | [REVIEW / RESULT] |
| Successor under instrument and state law | [CLAUSE / COUNSEL REVIEW] |
3. Vermont delivery, filing, and land records
Select the current § 4112 route. For a will or intestate interest outside a testamentary trust, deliver to the estate's personal representative, or file with the court that can appoint one if none serves. Testamentary and inter vivos trusts have separate trustee, representative, settlor, or court routes. A beneficiary designation after irrevocability requires delivery to the person obligated to distribute a personal-property interest. Section 4112(h) requires a copy of any disclaimer of Vermont real property or an interest in it to be recorded in the town land records where it is located. For joint property, powers, fiduciaries, and agents, identify the precise subsection before delivery.
| Interest type and § 4112 subsection | State recipient or office | Method | Sent/filed | Received/recorded | Proof |
|---|---|---|---|---|---|
| [WILL / TRUST / DESIGNATION / REALTY / OTHER] | [NAME / OFFICE] | [METHOD] | [DATE] | [DATE] | [RECEIPT / BOOK-PAGE] |
| [FEDERAL RECIPIENT, IF DIFFERENT] | [NAME] | [METHOD] | [DATE] | [DATE] | [PROOF] |
4. Disclaimer instrument
I, [DISCLAIMANT NAME], disclaim the [WHOLE INTEREST / SPECIFIED PORTION] of the interest or power identified in Section 1 and [ATTACHMENT, if any]. I do not direct to whom it passes. I intend this signed record to operate under current 14 V.S.A. chapter 129 and, if the separate federal requirements are met, as a qualified disclaimer under 26 U.S.C. § 2518.
Exact interest or power: [DESCRIPTION]. Instrument clause: [DOCUMENT / CLAUSE].
Date and place signed: [__/__/____] / [CITY, STATE].
Disclaimant signature: ______________________________ Printed name: [NAME].
Acknowledgment if needed for land-record or other filing: [NOTARY / DATE / SEAL].
Keep the signed record, instrument, state delivery or recording proof, federal receipt proof, and the successor analysis together. Section 4105(f) governs when a state disclaimer becomes irrevocable.
Official sources
About this template
- Last updated
- September 23, 2026
- Citations checked
- September 23, 2026
- Jurisdiction
- Vermont
- Category
- Estate Planning & Wills
Legal authority
- 2026 Vt. Acts & Resolves No. 123, § 1 (new 14 V.S.A. chapter 129)
- 2026 Vt. Acts & Resolves No. 123, §§ 2–3 (old chapter 83 repealed; effective on passage)
- 14 V.S.A. § 4105 (power, form, partial disclaimer, and irrevocability)
- 14 V.S.A. § 4106 (effect and passing of disclaimed interest)
- 14 V.S.A. § 4112 (delivery, filing, and real-property recording)
- 14 V.S.A. § 4113 (bars to disclaimer)
- 14 V.S.A. § 4114 (tax-qualified disclaimer)
- 14 V.S.A. § 4116 (existing relationships during transition)
- 26 U.S.C. § 2518 (federal qualified-disclaimer conditions)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on September 23, 2026.
2026 Vt. Acts & Resolves No. 123, § 1 (checked September 23, 2026): "Sec. 1. 14 V.S.A. chapter 129 is added to read: CHAPTER 129. VERMONT DISCLAIMER OF PROPERTY INTERESTS ACT"
2026 Vt. Acts & Resolves No. 123, §§ 2–3 (checked September 23, 2026): "14 V.S.A. chapter 83 (Uniform Disclaimer of Property Interests Act) is repealed. This act shall take effect on passage. Date Governor signed bill: June 8, 2026"
14 V.S.A. § 4105(a), (d) (checked September 23, 2026): "A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment. To be effective, a disclaimer shall be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed, and be delivered or filed in the manner provided in section 4112 of this title."
14 V.S.A. § 4105(f) (checked September 23, 2026): "A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 4112 of this title or when it becomes effective as provided in sections 4107–4111 of this title, whichever occurs later."
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