Disclaimer

An individual’s refusal to accept a gift or other distribution from a trust or estate in order to allow the property to pass to alternate takers. Typically, a disclaimer is used as an estate planning technique to avoid estate tax. In order to avoid having a disclaimer qualify as a taxable gift, it must be a “qualified” disclaimer. To be qualified, five requirements must be met: (1) the disclaimer must be irrevocable and unqualified; (2) the disclaimer must be in writing; (3) the disclaimer must be made within nine months of the gift or distribution; (4) the disclaimer must be made before the individual has accepted any interest in or benefit from the gift or distribution; and (5) the disclaimed interest must pass to an alternate taker without any direction or control by the individual making the disclaimer.