Waiver and Bar.
Known as the Alabama Uniform Disclaimer of Property Interests Act
The act spans §§ 43-8-290 to 43-8-298 (9 sections).
Applied in 3 court decisions — leading case Essen v. Gilmore (2000)
Most recently applied in Essen v. Gilmore (March 2000)
(Acts 1981, No. 81-156, §6; Code 1975, §35-17-6.)
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The right to disclaim property or an interest therein is barred by:
(1) An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor;
(2) A written waiver of the right to disclaim;
(3) An acceptance of the property or interest or a benefit thereunder; or
(4) A sale of the property or interest under judicial sale made before the disclaimer is effected.
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.