                                 CODE OF VIRGINIA

DELIVERY OR FILING (§ 64.2-2610)

A. In this section, &#8220;beneficiary designation&#8221; means an instrument,
other than an instrument creating a trust, naming the beneficiary of (i) an
annuity or insurance policy; (ii) an account with a designation for payment on
death; (iii) a security registered in beneficiary form; (iv) a pension,
profit-sharing, retirement, or other employment-related benefit plan; or (v) any
other nonprobate transfer at death.

B. Subject to subsections C through L, delivery of a disclaimer may be effected
by personal delivery, first-class mail, or any other method likely to result in
its receipt.

C. In the case of an interest created under the law of intestate succession or
an interest created by will, other than an interest in a testamentary trust, (i)
a disclaimer shall be delivered to the personal representative of the
decedent&#8217;s estate or (ii) if no personal representative is then serving,
it shall be filed with a court having jurisdiction to appoint the personal
representative.

D. In the case of an interest in a testamentary trust, (i) a disclaimer shall be
delivered to the trustee then serving or, if no trustee is then serving, to the
personal representative of the decedent&#8217;s estate or (ii) if no personal
representative is then serving, it shall be filed with a court having
jurisdiction to enforce the trust.

E. In the case of an interest in an inter vivos trust, (i) a disclaimer shall be
delivered to the trustee then serving; (ii) if no trustee is then serving, it
shall be filed with a court having jurisdiction to enforce the trust; or (iii)
if the disclaimer is made before the time the instrument creating the trust
becomes irrevocable, it shall be delivered to the settlor of a revocable trust
or the transferor of the interest.

F. In the case of an interest created by a beneficiary designation made before
the time the designation becomes irrevocable, a disclaimer shall be delivered to
the person making the beneficiary designation.

G. In the case of an interest created by a beneficiary designation made after
the time the designation becomes irrevocable, a disclaimer shall be delivered to
the person obligated to distribute the interest.

H. In the case of a disclaimer by a surviving holder of jointly held property,
the disclaimer shall be delivered to the person to whom the disclaimed interest
passes.

I. In the case of a disclaimer by an object or taker in default of exercise of a
power of appointment at any time after the power was created, (i) the disclaimer
shall be delivered to the holder of the power or to the fiduciary acting under
the instrument that created the power or (ii) if no fiduciary is then serving,
it shall be filed with a court having authority to appoint the fiduciary.

J. In the case of a disclaimer by an appointee of a nonfiduciary power of
appointment, (i) the disclaimer shall be delivered to the holder, the personal
representative of the holder&#8217;s estate, or the fiduciary under the
instrument that created the power or (ii) if no fiduciary is then serving, it
shall be filed with a court having authority to appoint the fiduciary.

K. In the case of a disclaimer by a fiduciary of a power over a trust or estate,
the disclaimer shall be delivered as provided in subsection C, D, or E, as if
the power disclaimed were an interest in property.

L. In the case of a disclaimer of a power by an agent, the disclaimer shall be
delivered to the principal or the principal&#8217;s representative.

HISTORY: 2003, c. 253, § 64.1-196.11; 2012, c. 614.