(2-1109) Disclaimer of powers of appointment and other powers not held in fiduciary capacity
N.D. Cent. Code § 30.1-10.1-06
in effect30.1-10.1-06. (2-1109) Disclaimer of powers of appointment and other powers not held
in fiduciary capacity.
1. If a holder disclaims a power of appointment or other power not held in a fiduciary
capacity and if the holder has not exercised the power, the disclaimer takes effect as of
the time the instrument creating the power becomes irrevocable.
2. If a holder disclaims a power of appointment or other power not held in a fiduciary
capacity and if the holder has exercised the power and the disclaimer is of a power
other than a presently exercisable general power of appointment, the disclaimer takes
effect immediately after the date of the last exercise of the power.
3. If a holder disclaims a power of appointment or other power not held in a fiduciary
capacity, the instrument creating the power is construed as if the power ceased to exist
when the disclaimer became effective.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t30-1c10-1.pdf#nameddest=30p1-10p1-06Fetched: 10/16/2026