Trust/Will Disclaimers

A disclaimer is when an individually legally relinquishes or waives his/her right to receive inheritance. Although it is relatively rare to see, sometimes it occurs for tax or estate planning reasons. In other situations, it is to try to shield assets from a creditor.

There is a specific statute discussing how a disclaimer is to be effectuated. Specifically, it must be in (1) writing, (2) show an unconditional refusal to accept any part of the transfer/inheritance, (3) be delivered on or before nine months after the transfer and before the acceptance of an disclaimed interest, and (4) delivered to the transferor, the transferor’s legal representative, or the holder of the legal title to the property to which the interest related. See Section 469.020, RSMo.

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