When disclaimer is barred or limited.
F.S. 739.402
in effect(1)
A disclaimer is barred by a written waiver of the right to disclaim.
(2)
A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(a)
The disclaimant accepts the interest sought to be disclaimed;
(b)
The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;
(c)
The interest sought to be disclaimed is sold pursuant to a judicial sale; or
(d)
The disclaimant is insolvent when the disclaimer becomes irrevocable.
(3)
A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(4)
A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(5)
A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.
Source: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter739/AllFetched: 7/8/2026