Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Oregon

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. Oregon's Uniform Disclaimer of Property Interests Act (ORS 105.623–105.649) does not impose its own time limit, but a disclaimer becomes irrevocable on delivery or filing under ORS 105.629(5). Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF OREGON

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 property or a power over property within the meaning of ORS 105.629, namely a(n): ☐ heir ☐ devisee ☐ legatee ☐ beneficiary of a testamentary or inter vivos trust ☐ beneficiary under a beneficiary designation (insurance, annuity, POD/TOD, retirement plan, or security in beneficiary form) ☐ surviving holder of jointly held property ☐ donee/appointee under a power of appointment ☐ taker in default ☐ fiduciary ☐ 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 (ORS chapter 112)
☐ Revocable, testamentary, or inter vivos trust
☐ Beneficiary designation (life insurance, retirement plan, annuity, POD/TOD account, or security registered in beneficiary form)
☐ Jointly held property with right of survivorship (ORS 105.634)
☐ 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 ORS 105.629(4) 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 Oregon Uniform Disclaimer of Property Interests Act, ORS 105.623 through 105.649, and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• ORS 105.629(1) authorizes a person to disclaim, in whole or in part, any interest in property or any 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.
• ORS 105.629(3) requires that, to be effective, a disclaimer must: (a) be in writing or otherwise recorded in a perceivable medium; (b) declare that the person disclaims the interest or power; (c) describe the interest or power disclaimed; (d) be signed by the person making the disclaimer; and (e) be delivered or filed in the manner provided in ORS 105.642.
• ORS 105.629(5) provides that a disclaimer is irrevocable when delivered or filed under ORS 105.642, or when it becomes effective under ORS 105.633 to 105.641, whichever occurs later. Under ORS 105.629(6), a disclaimer is not a transfer, assignment, or release.

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 fractional, percentage, monetary, or other part 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, interest, or power 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 (or the Disclaimant's fiduciary), as required by ORS 105.629(3) 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)).

☐ 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 died immediately before the time of distribution, as provided by ORS 105.633.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under ORS 105.633, a disclaimer of an interest in property takes effect when the instrument creating the interest becomes irrevocable or, if the interest arises under the law of intestate succession, when the decedent dies. Unless the instrument creating the interest provides for a different disposition in the event of disclaimer, the disclaimed interest passes as if the Disclaimant had died immediately before the time of distribution. If by law or under the instrument the descendants of the Disclaimant would share in the interest by representation had the Disclaimant predeceased the time of distribution, the disclaimed interest passes only to those descendants of the Disclaimant who survive the time of distribution (ORS 105.633(3)(a)).

For a disclaimer of a right of survivorship in jointly held property, ORS 105.634 governs the passing of the disclaimed interest. The Disclaimant does not direct to whom the disclaimed interest passes; it passes solely by operation of the governing instrument and Oregon law.

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer is irrevocable under ORS 105.629(5) once delivered or filed (or when it becomes effective under ORS 105.633 to 105.641, whichever is later) and may not thereafter be modified, withdrawn, or rescinded. It is binding upon the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to ORS 105.642, delivery of this Disclaimer may be made by personal delivery, first class mail, or any other method likely to result in receipt. The Disclaimant shall (check all that apply):

☐ Deliver this Disclaimer to the personal representative of the Decedent's estate (interest created by will or by intestate succession); or, if no personal representative is serving, file it with a court having authority to appoint one (ORS 105.642(3)).

☐ Deliver this Disclaimer to the trustee then serving (interest in a testamentary or inter vivos trust); or, if no trustee is serving, as otherwise provided in ORS 105.642(4)–(5).

☐ Deliver this Disclaimer to the person obligated to distribute the interest (interest created by a beneficiary designation that has become irrevocable) (ORS 105.642(7)).

☐ Deliver this Disclaimer to the person to whom the disclaimed interest passes (disclaimer by a surviving holder of jointly held property) (ORS 105.642(8)).

☐ Deliver this Disclaimer to the holder of the power of appointment or the fiduciary acting under the instrument that created the power (ORS 105.642(9)–(10)).

☐ Record a copy of this Disclaimer in the real property records of the county recorder 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 OREGON )
COUNTY OF [____________] )

This instrument was acknowledged before me on [__/__/____] by [DISCLAIMANT FULL LEGAL NAME], who is personally known to me or who proved his/her identity to me on satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and who acknowledged that he/she executed the same voluntarily.

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

[NOTARY SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], hereby declare under penalty of perjury under the laws of the State of Oregon 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 (in person, by first class mail, or by 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 (certified mail receipts or other proof of receipt)
☐ Copy of the recorded Disclaimer (county recorder), if real property is involved
☐ File-stamped copy from the probate court (estate proceeding), if filed

SOURCES AND REFERENCES

• Oregon Uniform Disclaimer of Property Interests Act, ORS 105.623 to 105.649 — https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
• ORS 105.629 (Power to disclaim; general requirements) — https://oregon.public.law/statutes/ors_105.629
• ORS 105.633 (Disclaimer of interest in property) — https://oregon.public.law/statutes/ors_105.633
• ORS 105.642 (Delivery or filing) — https://oregon.public.law/statutes/ors_105.642
• 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